Compliance Standards For Special Education 394883 7

Compliance Standards for
Special Education
Michigan Department of Education
Office of Special Education
October 2013
State Board of Education

John C. Austin, President
Casandra E. Ulbrich, Vice President
Daniel Varner, Secretary
Richard Zeile, Treasurer
Michelle Fecteau, NASBE Delegate
Lupe Ramos-Montigny
Kathleen N. Straus
Eileen Lappin Weiser
Ex-Officio
Rick Snyder, Governor
Michael P. Flanagan, State Superintendent
STATEMENT OF COMPLIANCE WITH FEDERAL LAW

The Michigan Department of Education (MDE) complies with all federal laws and
regulations prohibiting discrimination and with all requirements of the
U.S. Department of Education.
Compliance Standards for Special Education, October 2013

Michigan Department of Education, Office of Special Education
Introduction
The state must ensure that each public agency implements the requirements of both the
Individuals with Disabilities Education Act (IDEA) and the Michigan Administrative Rules
for Special Education (MARSE). These Compliance Standards outline the compliance
requirements for both the IDEA and the MARSE. These compliance standards must be
met by all public agencies.
Specifically, under 300.149 of the IDEA,
(a) The State Educational Agency (SEA) is responsible for ensuring:
(1) That the requirements of this part are carried out; and
(2) That each educational program for children with disabilities administered within
the state, including each program administered by any other state or local
agency:
(i) Is under the general supervision of the persons responsible for educational
programs for children with disabilities in the SEA; and
(ii) Meets the educational standards of the SEA (including the requirements of
this part).
Public agencies are required to maintain records to show compliance with program
requirements, pursuant to 76.731 of the Education Department General Administrative
Regulations (EDGAR) and the MARSE. Documentation must include sufficient written
detail to demonstrate compliance.
Within this document, the first column, Citation, lists the rule or regulation from the
IDEA, or the MARSE. The second column lists the standard that the public agency must
meet. A citation from the IDEA is noted with a section symbol, such as 300.300. A
citation from the MARSE is noted with a rule abbreviation, such as R 340.1721b.
The use of the third column is at the discretion of each public agency. The third column
is intended to be used to indicate specifically how the public agency complies with each
standard. For example, the public agency may list the names of forms or policy
numbers. It may also indicate where to find applicable procedures in the public agencys
procedure manuals.

Table of Contents
I.
II.
III.
IV.
Evaluation .............................................................................................................. I-1

Child find ................................................................................................................ I-1
Initial evaluations .................................................................................................... I-2
Screening for instructional purposes is not evaluation. ................................................. I-3
Reevaluations.......................................................................................................... I-3
Evaluation procedures .............................................................................................. I-4
Additional requirements for evaluations and reevaluations ............................................ I-6
Independent educational evaluation ........................................................................... I-8
Request for initial evaluation ................................................................................... I-11
Initial evaluation .................................................................................................... I-11
Right to independent educational evaluation ............................................................. I-12
Eligibility ............................................................................................................... II-1
Determination of eligibility ....................................................................................... II-1
Specific learning disabilities...................................................................................... II-2
Additional group members ....................................................................................... II-2
Determining the existence of a specific learning disability ............................................ II-3
Observation ........................................................................................................... II-5
Specific documentation for the eligibility determination ............................................... II-5
Student with a disability defined ............................................................................ II-7
Cognitive impairment; determination ........................................................................ II-8
Emotional impairment; determination; evaluation report ............................................. II-8
Hearing impairment explained; determination .......................................................... II-10
Visual impairment explained; determination ............................................................. II-10
Physical impairment defined; determination .......................................................... II-12
Other health impairment defined; determination .................................................... II-12
Speech and language impairment defined; determination ....................................... II-13
Early childhood developmental delay defined; determination ................................... II-14
Specific learning disability defined; determination ..................................................... II-15
Severe multiple impairment; determination ............................................................. II-16
Autism spectrum disorder defined; determination ..................................................... II-17
Traumatic brain injury defined; determination ....................................................... II-19
Deaf-blindness defined; determination .................................................................... II-20
Individualized Education Program ............................................................................ III-1
Transition services ................................................................................................. III-1
Extended school year services ................................................................................. III-1
Nonacademic services ............................................................................................ III-2
Program options .................................................................................................... III-2
Nonacademic settings ............................................................................................ III-3
Definition of individualized education program ........................................................... III-3
IEP team .............................................................................................................. III-6
Parent participation ................................................................................................ III-8
When IEPs must be in effect ................................................................................. III-10
Development, review, and revision of IEP ............................................................... III-13
Educational placements ........................................................................................ III-17
Surrogate parents ................................................................................................ III-17
Transfer of parental rights at the age of majority ..................................................... III-18
Time lines ........................................................................................................... III-19
Individualized education program .......................................................................... III-21
District responsibilities ......................................................................................... III-23
Programs and Services ........................................................................................... IV-1
Physical education ................................................................................................. IV-1

Routine checking of hearing aids and external components of surgically implanted medical
devices ................................................................................................................. IV-1
LRE requirements .................................................................................................. IV-2
Continuum of alternative placements ....................................................................... IV-3
Placements ........................................................................................................... IV-4
Occupational therapy, definition .............................................................................. IV-4
Physical therapy, definition ..................................................................................... IV-5
Programs and service requirements ......................................................................... IV-5
Severe cognitive impairment program ...................................................................... IV-7
Programs for students with moderate cognitive impairment ........................................ IV-8
Programs for students with mild cognitive impairment ................................................ IV-8
Programs for students with emotional impairment ..................................................... IV-9
Programs for students with hearing impairment ......................................................... IV-9
Programs for students with visual impairment ..........................................................IV-10
Programs for students with physical impairment or other health impairment ................IV-10
Services for students with speech and language impairment ......................................IV-10
Homebound and hospitalized services .....................................................................IV-12
Programs for students with specific learning disabilities .............................................IV-13
Severe multiple impairments program .....................................................................IV-13
Teacher consultant without a student caseload assignment; evaluation and consultation
assignment; responsibilities ...................................................................................IV-14
Teacher consultant with a student caseload; responsibilities.......................................IV-14
Elementary level resource program .........................................................................IV-15
Secondary level resource program ..........................................................................IV-16
Departmentalization of special education programs ...................................................IV-17
Early childhood special education programs; 2 years 6 months through 5 years of age ..IV-17
Early childhood special education services; 2 years 6 months through 5 years of age ....IV-18
Programs for students with severe language impairment ...........................................IV-19
Students placed in juvenile detention facilities; other education services .....................IV-19
Programs for students with autism spectrum disorder ...............................................IV-20
V.
Discipline ............................................................................................................... V-1
Authority of school personnel ................................................................................... V-1
Determination of setting .......................................................................................... V-5
Placement during appeals ........................................................................................ V-5
Protections for children not determined eligible for special education and related services V-6
Referral to and action by law enforcement and judicial authorities ................................ V-8
Change of placement because of disciplinary removals ................................................ V-8
VI. Deviations from Rules and Intermediate School District Plans ...................................... VI-1
Deviations from rules ............................................................................................. VI-1
Plan and modification submission............................................................................. VI-2
Content areas ....................................................................................................... VI-4
Cooperative development and review ....................................................................... VI-6
Plan signatures ...................................................................................................... VI-6
Objections to the plan; procedures .......................................................................... VI-6
Approval of intermediate school district plans ............................................................ VI-8
Parent advisory committee ..................................................................................... VI-9
VII. Student Records ................................................................................................... VII-1
Opportunity to examine records; parent participation in meetings............................... VII-1
Confidentiality ...................................................................................................... VII-2
Access rights ........................................................................................................ VII-2
Record of access ................................................................................................... VII-3
Records on more than one child.............................................................................. VII-3

List of types and locations of information ................................................................. VII-4
Fees .................................................................................................................... VII-4
Amendment of records at parents request ............................................................... VII-4
Opportunity for a hearing ...................................................................................... VII-4
Result of hearing .................................................................................................. VII-5
Safeguards .......................................................................................................... VII-5
Destruction of information ..................................................................................... VII-6
Records; maintenance; content; transfer of records; release of records ....................... VII-6
VIII. Birth to Three ...................................................................................................... VIII-1
Transition of children from the Part C program to preschool programs ........................ VIII-1
Individualized family service plan; time lines; eligibility ............................................ VIII-1
IX. Students Enrolled by Their Parents in Private Schools ................................................. IX-1
Services plan ........................................................................................................ IX-1
Child find for parentally placed private school children with disabilities ......................... IX-1
Provision of services for parentally-placed private school children with disabilitiesbasic
requirement .......................................................................................................... IX-2
Expenditures ......................................................................................................... IX-3
Consultation.......................................................................................................... IX-5
Written affirmation................................................................................................. IX-6
Equitable services determined ................................................................................. IX-7
Equitable services provided ..................................................................................... IX-7
Location of services and transportation ..................................................................... IX-9
Requirement that funds not benefit a private school ................................................... IX-9
Use of personnel ...................................................................................................IX-10
Separate classes prohibited....................................................................................IX-10
Property, equipment, and supplies ..........................................................................IX-11
X.
Students in Private Schools Placed or Referred by Public Agencies ................................ X-1
Responsibility of SEA ............................................................................................... X-1
Placement of children by parents when FAPE is at issue ............................................... X-1
Private school placements by public agencies ............................................................. X-3
XI. Notice and Consent ................................................................................................ XI-1
Consent ................................................................................................................ XI-1
Parental consent .................................................................................................... XI-1
Prior notice by the public agency; content of notice ................................................... XI-6
Consent ................................................................................................................ XI-7
XII. Procedural Safeguards Notice ................................................................................. XII-1
Procedural safeguards notice .................................................................................. XII-1

Evaluation: Page I-1
Citation
Standard
I.
Child find.
300.111
(a) General. (1) The State must
have in effect policies and
procedures to ensure that
(i) All children with disabilities
residing in the State, including
children with disabilities who are
homeless children or are wards of
the State, and children with
disabilities attending private
schools, regardless of the severity of
their disability, and who are in need
of special education and related
services, are identified, located, and
evaluated; and
(ii) A practical method is developed
and implemented to determine
which children are currently
receiving needed special education
and related services.
(b) Use of term developmental
delay.
The following provisions apply with
respect to implementing the child
find requirements of this section:
(1) A State that adopts a definition
of developmental delay under
300.8(b) determines whether the
term applies to children aged three
through nine, or to a subset of that
age range (e.g., ages three through
five).
(2) A State may not require an LEA
to adopt and use the term
developmental delay for any
children within its jurisdiction.
(3) If an LEA uses the term
developmental delay for children
described in 300.8(b), the LEA
must conform to both the States
definition of that term and to the
age range that has been adopted by
the State.
(4) If a State does not adopt the
term developmental delay, an LEA
may not independently use that
term as a basis for establishing a
childs eligibility under this part.
(c) Other children in child find. Child
find also must include
Evidence of
Compliance
Evaluation
300.111(a)(1)(i)
The public agency has procedures
for how it will identify, locate, and
evaluate all students who need or
are suspected of needing special
education and related services
including students who are
homeless, wards of the state, or
attending private schools,
regardless of the severity of their
disability.
300.111(a)(1)(ii)
The public agency has
implemented a method to
determine which students are
currently receiving needed special
education and related services.
300.111(c)(2)
The public agencys child find
procedures includes:
1. Students who are suspected
of being a child with a
disability under 300.8 and
in need of special education,
even though they are
advancing from grade to
grade; and
2. Highly mobile students,
including migrant children.

Citation
Standard
Evidence of
Compliance
(1) Children who are suspected of

being a child with a disability under
300.8 and in need of special
education, even though they are
advancing from grade to grade; and
(2) Highly mobile children, including
migrant children.
(d) Construction. Nothing in the Act
requires that children be classified
by their disability so long as each
child who has a disability that is
listed in 300.8 and who, by reason
of that disability, needs special
education and related services is
regarded as a child with a disability
under Part B of the Act.
Initial evaluations.
300.301
(a) General. Each public agency
must conduct a full and individual
initial evaluation, in accordance with
300.304 through 300.306, before
the initial provision of special
education and related services to a
child with a disability under this
part.
(b) Request for initial evaluation.
Consistent with the consent
requirements in 300.300, either a
parent of a child or a public agency
may initiate a request for an initial
evaluation to determine if the child
is a child with a disability.
(c) Procedures for initial evaluation.
The initial evaluation
(1)(i) Must be conducted within 60
days of receiving parental consent
for the evaluation; or
(ii) If the State establishes a
timeframe within which the
evaluation must be conducted,
within that timeframe; and
(2) Must consist of procedures
(i) To determine if the child is a
child with a disability under 300.8;
and (ii) To determine the
educational needs of the child.
(d) Exception. The timeframe
described in paragraph (c)(1) of this
section does not apply to a public
agency if
(1) The parent of a child repeatedly
See state established time lines

for initial evaluations at
R 340.1721b.
300.301(c)(1)(ii)
The timeframe does not apply if:
1. The parent fails or refuses to
produce the student for the
evaluation.
2. The student enrolls in another
public agency.
3. Initial evaluation meets the
requirements of at least one
eligibility category in
R 340.1705 through
340.1717.
300.301(c)(2)
Evaluation was sufficiently
individualized to determine:
1. Whether the student has a
disability.
2. The students educational
needs.
300.301(d)
If the parent of the child fails or
refuses to produce the child for
the evaluation or the child enrolls
in another public agency during
this time line, there is
documentation of attempts to
evaluate the student.

Citation
fails or refuses to produce the child
for the evaluation; or
(2) A child enrolls in a school of
another public agency after the
relevant timeframe in paragraph
(c)(1) of this section has begun, and
prior to a determination by the
childs previous public agency as to
whether the child is a child with a
disability under 300.8.
(e) The exception in paragraph
(d)(2) of this section applies only if
the subsequent public agency is
making sufficient progress to ensure
a prompt completion of the
evaluation, and the parent and
subsequent public agency agree to a
specific time when the evaluation
will be completed.
Screening for instructional
purposes is not evaluation.
300.302
The screening of a student by a
teacher or specialist to determine
appropriate instructional strategies
for curriculum implementation shall
not be considered to be an
evaluation for eligibility for special
Reevaluations.
300.303
(a) General. A public agency must
ensure that a reevaluation of each
child with a disability is conducted in
accordance with 300.304
through 300.311
(1) If the public agency determines
that the educational or related
services needs, including improved
academic achievement and
functional performance, of the child
warrant a reevaluation; or
(2) If the childs parent or teacher
requests a reevaluation.
(b) Limitation. A reevaluation
conducted under paragraph (a) of
this section
(1) May occur not more than once a
year, unless the parent and the
Standard
Evidence of
Compliance
300.301(e)
If a student has moved to
another public agency during the
evaluation timeframe, the new
public agency and parent have
agreed to a time when the
evaluation will be completed.
300.302
The screening of a student by a
teacher or specialist to determine
appropriate instructional
strategies for curriculum
implementation was not
considered to be an evaluation for
eligibility for special education
and related services.
300.303(a)
Reevaluation was completed for
one of the following reasons:
1. The educational or related
services needs, including
improved academic
achievement and functional
performance of the student,
warranted a reevaluation.
2. The parent requested a
reevaluation.
3. The students teacher
requested a reevaluation.
300.303(b)(1)
There was not more than one
reevaluation per year unless the
parent and the public agency
Citation
public agency agree otherwise; and
(2) Must occur at least once every 3
years, unless the parent and the
public agency agree that a
reevaluation is unnecessary.
Evaluation procedures.
300.304
(a) Notice. The public agency must
provide notice to the parents of a
child with a disability, in accordance
with 300.503, that describes any
evaluation procedures the agency
proposes to conduct.
(b) Conduct of evaluation. In
conducting the evaluation, the
public agency must
(1) Use a variety of assessment
tools and strategies to gather
relevant functional, developmental,
and academic information about the
child, including information provided
by the parent, that may assist in
determining
(i) Whether the child is a child with
a disability under 300.8; and
(ii) The content of the childs IEP,
including information related to
enabling the child to be involved in
and progress in the general
education curriculum (or for a
preschool child, to participate in
appropriate activities);
(2) Not use any single measure or
assessment as the sole criterion for
determining whether a child is a
child with a disability and for
determining an appropriate
educational program for the child;
and
(3) Use technically sound
instruments that may assess the
relative contribution of cognitive and
behavioral factors, in addition to
physical or developmental factors.
(c) Other evaluation procedures.
Each public agency must ensure
Standard
Evidence of
Compliance
agreed that a reevaluation was

necessary.
300.303(b)(2)
1. A reevaluation occurred
within the last three years.
2. If the public agency and the
parent agreed that a
reevaluation was
unnecessary, the agreement
is documented.
300.304(a)
1. Notice was provided.
2. Notice describes any
evaluation the agency
proposes to conduct.
300.304(b)
Evaluation report includes:
1. A variety of assessment tools
(at least two) and strategies
that were used, including
information provided by the
parent.
2. Sufficient information:
a. To make a
recommendation of
eligibility or ineligibility.
b. To develop an IEP for an
eligible student.
3. No single measure or
assessment was used as the
sole criterion for determining
eligibility and educational
program.
4. Instruments used were
technically sound.
300.304(c)(1)(i)
Assessments were selected and
administered so as not to be
discriminatory on a racial or
cultural basis.
300.304(c)(1)(ii)
1. Assessments were given in
the students native language
or mode of communication
unless not feasible.
2. If it was not feasible to
Citation
that
(1) Assessments and other
evaluation materials used to assess
a child under this part
(i) Are selected and administered so
as not to be discriminatory on a
racial or cultural basis;
(ii) Are provided and administered
in the childs native language or
other mode of communication and
in the form most likely to yield
accurate information on what the
child knows and can do
academically, developmentally, and
functionally, unless it is clearly not
feasible to so provide or administer;
(iii) Are used for the purposes for
which the assessments or measures
are valid and reliable;
(iv) Are administered by trained and
knowledgeable personnel; and
(v) Are administered in accordance
with any instructions provided by
the producer of the assessments.
(2) Assessments and other
evaluation materials include those
tailored to assess specific areas of
educational need and not merely
those that are designed to provide a
single general intelligence quotient.
(3) Assessments are selected and
administered so as best to ensure
that if an assessment is
administered to a child with
impaired sensory, manual, or
speaking skills, the assessment
results accurately reflect the childs
aptitude or achievement level or
whatever other factors the test
purports to measure, rather than
reflecting the childs impaired
sensory, manual, or speaking skills
(unless those skills are the factors
that the test purports to measure).
(4) The child is assessed in all areas
related to the suspected disability,
including, if appropriate, health,
vision, hearing, social and emotional
status, general intelligence,
academic performance,
communicative status, and motor
abilities;
(5) Assessments of children with
Standard
Evidence of
Compliance
provide an assessment in the

students native language or
mode of communication,
there is documentation of
attempts to obtain an
assessment.
300.304(c)(1)(iii)
The instrument administered was
used for the purposes for which it
is technically sound, valid, and
reliable.
300.304(c)(1)(iv)
Assessments were administered
by trained and knowledgeable
personnel.
300.304(c)(1)(v)
Assessment was administered in
accordance with any instructions
provided by the producer of the
assessments.
300.304(c)(2),(3),(4)
Assessments meet the following
criteria:
1. Tailored to assess specific
areas of educational need and
provided more than a single
intelligence quotient.
2. Selected and administered to
ensure that results accurately
reflect the students aptitude
or achievement level or
whatever other factors the
test is designed to measure.
3. Assessed in all areas related
to the suspected disability.
300.304(c)(5)
If a student transferred to
another public agency in the
same school year, the evaluation
was coordinated with the
students prior and subsequent
schools, and was completed as
expeditiously as possible.
300.304(c)(6),(7)
The evaluation was sufficiently
comprehensive to identify all of
the students special education
Citation
disabilities who transfer from one
public agency to another public
agency in the same school year are
coordinated with those childrens
prior and subsequent schools, as
necessary and as expeditiously as
possible, consistent with
300.301(d)(2) and (e), to ensure
prompt completion of full
evaluations.
(6) In evaluating each child with a
disability under 300.304 through
300.306, the evaluation is
sufficiently comprehensive to
identify all of the childs special
needs, whether or not commonly
linked to the disability category in
which the child has been classified.
(7) Assessment tools and strategies
that provide relevant information
that directly assists persons in
determining the educational needs
of the child are provided.
Additional requirements for
evaluations and reevaluations.
300.305
(a) Review of existing educational
data. As part of an initial evaluation
(if appropriate) and as part of any
reevaluation under this part, the IEP
Team and other qualified
professionals, as appropriate,
must
(1) Review existing evaluation data
on the child, including
(i) Evaluations and information
provided by the parents of the child;
(ii) Current classroom-based, local,
or State assessments, and
classroom based observations; and
(iii) Observations by teachers and
related services providers; and
(2) On the basis of that review, and
input from the childs parents,
identify what additional data, if any,
are needed to determine
(i)(A) Whether the child is a child
with a disability, as defined in
300.8, and the educational needs
of the child; or
(B) In case of a reevaluation of a
Standard
Evidence of
Compliance
and related service needs.
300.305(a)(1)
A reevaluation includes a review
of existing evaluation data which
includes:
1. Evaluations and information
provided by the parent of the
student.
2. Current classroom-based,
local, or state assessments,
and classroom based
observations.
3. Observations by teachers and
related services providers.
300.305(a)(2)
The IEP team determined
whether additional data were
needed in order to determine:
1. Whether the student is a
student with a disability.
2. The educational needs of the
student.
3. The present levels of
related developmental needs
Citation
Standard
child, whether the child continues to

have such a disability, and the
educational needs of the child;
(ii) The present levels of academic
achievement and related
developmental needs of the child;
(iii)(A) Whether the child needs
special education and related
services; or
(B) In the case of a reevaluation of
a child, whether the child continues
to need special education and
related services; and
(iv) Whether any additions or
modifications to the special
education and related services are
needed to enable the child to meet
the measurable annual goals set out
in the IEP of the child and to
participate, as appropriate, in the
general education curriculum.
(b) Conduct of review. The group
described in paragraph (a) of this
section may conduct its review
without a meeting.
(c) Source of data. The public
agency must administer such
assessments and other evaluation
measures as may be needed to
produce the data identified under
paragraph (a) of this section.
(d) Requirements if additional data
are not needed. (1) If the IEP Team
and other qualified professionals, as
appropriate, determine that no
additional data are needed to
determine whether the child
continues to be a child with a
disability, and to determine the
childs educational needs, the public
agency must notify the childs
parents of
(i) That determination and the
reasons for the determination; and
(ii) The right of the parents to
request an assessment to determine
whether the child continues to be a
child with a disability, and to
determine the childs educational
needs.
(2) The public agency is not
required to conduct the assessment
described in paragraph (d)(1)(ii) of
of the student.
4. Whether the student needs or
continues to need special
education and related
services.
5. Whether any additions or
modifications to the special
services are needed to enable
the student to meet the
annual goals of the student
and to participate, as
appropriate, in the general
education curriculum.
Evidence of
Compliance
300.305(c)
The public agency administered
measures to obtain the data
identified in 300.305(a)(2).
300.305(d)
If the IEP team determined that
additional data was not needed,
notice was provided that
indicated:
1. No additional data were
needed.
2. The reasons for the
determination.
3. The right of the parent to
request an assessment to
determine whether the
student continues to be a
student with a disability, and
to determine the students
educational needs.
If the IEP team determined that
additional data was needed,
measures were administered in
order to produce the data
necessary.
300.305(e)(1)
The student was evaluated prior
to determining that the student
was no longer a student with a
disability.
300.305(e)(2)
If a student received a high
Citation
this section unless requested to do
so by the childs parents.
(e) Evaluations before change in
eligibility.
(1) Except as provided in paragraph
(e)(2) of this section, a public
agency must evaluate a child with a
disability in accordance with
300.304 through 300.311 before
determining that the child is no
longer a child with a disability.
(2) The evaluation described in
paragraph (e)(1) of this section is
not required before the termination
of a childs eligibility under this part
due to graduation from secondary
school with a regular diploma, or
due to exceeding the age eligibility
for FAPE under State law.
(3) For a child whose eligibility
terminates under circumstances
described in paragraph (e)(2) of this
section, a public agency must
provide the child with a summary of
the childs academic achievement
and functional performance, which
shall include recommendations on
how to assist the child in meeting
the childs postsecondary goals.
Independent educational
evaluation.
300.502
(a) General. (1) The parents of a
child with a disability have the right
under this part to obtain an
independent educational evaluation
of the child, subject to paragraphs
(b) through (e) of this section.
(2) Each public agency must provide
to parents, upon request for an
independent educational evaluation,
information about where an
may be obtained, and the agency
criteria applicable for independent
educational evaluations as set forth
in paragraph (e) of this section.
(3) For the purposes of this
subpart
(i) Independent educational
evaluation means an evaluation
conducted by a qualified examiner
Standard
Evidence of
Compliance
school diploma, or reached the

age of 26, no evaluation is
necessary to determine
ineligibility.
300.305(e)(3)
If the students eligibility was
terminated due to receiving a
high school diploma, or exceeding
the age eligibility, a summary of
the students academic
achievement and functional
performance, including
recommendations to assist the
student in meeting the students
postsecondary goals, is
completed.
300.502(a)(2)
Upon request for an independent
educational evaluation, the public
agency provided:
1. Information about where an
independent educational
evaluation could be obtained.
2. The agency criteria for
evaluation.
300.502(b)(2)
If a parent requested an
evaluation at the public
expense, the public agency,
without unnecessary delay,
either:
1. Provided the independent
educational evaluation at
Citation
Standard
who is not employed by the public

agency responsible for the education
of the child in question; and
(ii) Public expense means that the
public agency either pays for the full
cost of the evaluation or ensures
that the evaluation is otherwise
provided at no cost to the parent,
consistent with 300.103.
(b) Parent right to evaluation at
public expense. (1) A parent has the
right to an independent educational
evaluation at public expense if the
parent disagrees with an evaluation
obtained by the public agency,
subject to the conditions in
paragraphs (b)(2) through (4) of
this section.
(2) If a parent requests an
at public expense, the public agency
must, without unnecessary delay,
either
(i) File a due process complaint to
request a hearing to show that its
evaluation is appropriate; or
(ii) Ensure that an independent
educational evaluation is provided at
public expense, unless the agency
demonstrates in a hearing pursuant
to 300.507 through 300.513 that
the evaluation obtained by the
parent did not meet agency criteria.
(3) If the public agency files a due
process complaint notice to request
a hearing and the final decision is
that the agencys evaluation is
appropriate, the parent still has the
right to an independent educational
evaluation, but not at public
expense.
(4) If a parent requests an
the public agency may ask for the
parents reason why he or she
objects to the public evaluation.
However, the public agency may not
require the parent to provide an
explanation and may not
unreasonably delay either providing
the independent educational
evaluation at public expense or filing
a due process complaint to request
public expense,
2. Filed a due process compliant
to request a hearing; or
3. Demonstrated in a hearing
that the evaluation obtained
by the parent did not meet
agency criteria.
Evidence of
Compliance
300.502(b)(3)
If the public agencys evaluation
is determined to be appropriate
through a hearing, the parent has
the right to an independent
educational evaluation at their
own expense.
300.502(b)(4)
The public agency did not:
1. Require the parent to provide
an explanation.
2. Unreasonably delay:
a. Providing the independent
public expense.
b. Filing a due process
complaint to request a
hearing to defend the
public evaluation.
300.502(b)(5)
Only one independent educational
evaluation was provided at the
public expense each time the
public agency conducts an
evaluation with which the parent
disagrees.
300.502(c)(1)
If the parent obtained an
evaluation at public expense or
shared with the public agency an
evaluation obtained at private
expense, the results were
considered by the public agency
in any decision made with respect
to the provision of FAPE.
300.502(d)
If a hearing officer requests an
evaluation as part of a hearing on
a due process complaint, the cost
Citation
a due process hearing to defend the
public evaluation.
(5) A parent is entitled to only one
at public expense each time the
disagrees.
(c) Parent-initiated evaluations. If
the parent obtains an independent
educational evaluation at public
expense or shares with the public
agency an evaluation obtained at
private expense, the results of the
evaluation
(1) Must be considered by the public
agency, if it meets agency criteria,
in any decision made with respect to
the provision of FAPE to the child;
and
(2) May be presented by any party
as evidence at a hearing on a due
process complaint under subpart E
of this part regarding that child.
(d) Requests for evaluations by
hearing officers. If a hearing officer
requests an independent
educational evaluation as part of a
hearing on a due process complaint,
the cost of the evaluation must be
at public expense.
(e) Agency criteria. (1) If an
is at public expense, the criteria
under which the evaluation is
obtained, including the location of
the evaluation and the qualifications
of the examiner, must be the same
as the criteria that the public agency
uses when it initiates an evaluation,
to the extent those criteria are
consistent with the parents right to
an independent educational
evaluation.
(2) Except for the criteria described
in paragraph (e)(1) of this section, a
public agency may not impose
conditions or timelines related to
obtaining an independent
educational evaluation at public
expense.
Standard
Evidence of
Compliance
of the evaluation was at public

expense.
300.502(e)
1. For each independent
public expense, the criteria
under which the evaluation is
obtained, including the
location of the evaluation and
the qualifications of the
examiner, were the same as
the criteria that the public
agency uses when it initiates
an evaluation.
2. The public agency did not
impose additional conditions
or time lines related to
obtaining an independent
public expense.

Citation
Request for initial evaluation.
R 340.1721
Rule 21. Within 10 school days of
receipt of a written request for an
initial evaluation of a student
suspected of having a disability, and
before any formal evaluation
designed to determine eligibility for
special education programs and
services, the public agency shall
provide the parent with written
notice consistent with 34 CFR
300.503 and, when necessary
shall request written consent to
evaluate.
Initial evaluation.
R 340.1721a
Rule 21a. (1) Each student
suspected of having a disability shall
be evaluated by a multidisciplinary
evaluation team as defined in
R 340.1701b(b). In addition to the
requirements in R 340.1705 to
R 340.1717, the multidisciplinary
evaluation team shall do all of the
following:
(a) Complete a full and individual
evaluation.
(b) Make a recommendation of
eligibility and prepare a written
report to be presented to the
individualized education program
team by the designated
multidisciplinary evaluation team
member who can explain the
instructional implication of
evaluation results. The report shall
include information needed by the
team to determine all of the
following:
(i) Eligibility.
(ii) A student's present level of
functional performance.
(iii) The educational needs of the
student.
(2) Special education personnel who
are authorized to conduct
evaluations of students suspected of
having a disability may provide
consultation to general education
Standard
Evidence of
Compliance
R 340.1721
1. Written request for evaluation
indicates the date received by
the public agency.
2. If determined that an
evaluation will occur, a
request for written consent to
evaluate entered the delivery
system within 10 school days
of the receipt of a written
request for a full individual
initial evaluation.
R 340.1721a(1)
1. The multidisciplinary
evaluation team (MET)
consisted of at least two
members.
2. At least one member had
knowledge of the suspected
disability.
R 340.1721a(1)
A full and individual evaluation
was completed that meets the
requirements for each suspected
area of disability.
R 340.1721a(1)(b)
1. A written report prepared by
the MET included a
recommendation regarding
eligibility.
2. The MET report contains
sufficient information for the
IEP team to determine all of
the following:
a. Student eligibility.
b. Present level of academic
achievement and
functional performance.
3. The educational needs of the
student.

Citation
Standard
Evidence of
Compliance
personnel.
Right to independent
educational evaluation.
R 340.1723c
Rule 23c. (1) Each public agency
shall provide parents with
information about independent
educational evaluations at public
expense. The information shall
include all of the following:
(a) Criteria regarding credentials for
qualified examiners.
(b) Suggested sources and
locations.
(c) Procedures for reimbursement.
(d) Reasonable expected costs.
(e) Notification that the parent is
not restricted to choosing from
sources suggested by the public
agency.
(2) A parent has the right to an
at public expense if the parent
disagrees with an evaluation
obtained by the public agency. A
parent is entitled to only 1
at public expense each time the
disagrees. The parent shall submit
the parent's disagreement and
request in written, signed, and
dated form. However, the public
agency may initiate a hearing under
R 340.1724 to show that its
evaluation is appropriate. The public
agency shall respond, in writing, to
the request within 7 calendar days
of its receipt by indicating the public
agency's intention to honor the
request or to initiate the hearing
procedure under R 340.1724. If the
hearing officer determines that the
evaluation is appropriate, then the
parent still has the right to an
but not at public expense.
(3) The public agency shall disclose
to the parent, before evaluation,
whether the examiner who was
contracted to provide an
R 340.1723c(2)
The parent submitted in writing
their disagreement to the
evaluation obtained by the
agency.
R 340.1723c(1)
The public agency provided the
parent with information about the
evaluation at public agency
expense that included:
1. Criteria regarding credentials
for qualified examiners.
2. Suggested sources and
locations.
3. Procedures for
reimbursement.
4. Reasonable expected costs.
5. Notification that the parent
was not restricted to choosing
from sources suggested by
the public agency.
R 340.1723c(2)
1. The public agency responded
in writing to the parent within
seven calendar days of
receipt of the request.
2. The public agencys response
indicated its intention to
honor the request or pursue a
due process hearing.
R 340.1723c(3)
If the examiner contracted to
provide the independent
educational evaluation also
provides other contractual
services to the public agency, this
was disclosed to the parent.
R 340.1723c(4)
If the examiner contracted to
provide the independent
educational evaluation provides
other contractual services to the
public agency and conducted the
Citation
Standard

provides services to the public
agency that are in addition to the
independent educational evaluation.
(4) An independent educational
evaluation shall not be conducted by
an examiner or examiners who
otherwise or regularly contract with
the public agency to provide
services, unless the examiner or
examiners are agreeable to the
parent.
evaluation, there was agreement
by the parent.
Evidence of
Compliance

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Evaluation: Page II-1
Citation
Standard
II.
Determination of eligibility.
300.306
(a) General. Upon completion of the
administration of assessments and
other evaluation measures
(1) A group of qualified professionals
and the parent of the child
determines whether the child is a
child with a disability, as defined in
300.8, in accordance with
paragraph (c) of this section and the
educational needs of the child; and
(2) The public agency provides a
copy of the evaluation report and
the documentation of determination
of eligibility at no cost to the parent.
(b) Special rule for eligibility
determination.
A child must not be determined to
be a child with a disability under this
part
(1) If the determinant factor for that
determination is
(i) Lack of appropriate instruction in
reading, including the essential
components of reading instruction
(as defined in section 1208(3) of the
ESEA);
(ii) Lack of appropriate instruction
in math; or
(iii) Limited English proficiency; and
(2) If the child does not otherwise
meet the eligibility criteria under
300.8(a).
(c) Procedures for determining
eligibility and educational need.
(1) In interpreting evaluation data
for the purpose of determining if a
child is a child with a disability under
300.8, and the educational needs
of the child, each public agency
must
(i) Draw upon information from a
variety of sources, including aptitude
and achievement tests, parent input,
and teacher recommendations, as
well as information about the childs
physical condition, social or cultural
background, and adaptive behavior;
and
(ii) Ensure that information obtained
Evidence of
Compliance
Eligibility
300.306(a)(1)
The IEP team that determined
whether the student was eligible
included:
1. The parent.
2. A group of qualified
professionals that meet the
IEP team requirements.
300.306(a)(2)
The parent received a free copy
of:
1. The evaluation report.
2. The determination of
eligibility or ineligibility.
300.306(b)
None of the following were used
as the determinant criteria:
1. Lack of appropriate
instruction in reading.
2. Lack of appropriate
instruction in math.
3. Limited English proficiency.
300.306(c)(1)
1. The evaluation drew upon
information from a variety of
sources, including:
a. Aptitude and achievement
tests.
b. Parent input.
c. Teacher
recommendations.
d. Information about the
students physical
condition.
e. Social or cultural
background, adaptive
behavior.
2. The information obtained
from all of these sources is
documented and carefully
considered.
300.306(c)(2)
If a determination is made that a
student has a disability and needs
Citation
Standard
from all of these sources is

documented and carefully
considered.
(2) If a determination is made that a
child has a disability and needs
services, an IEP must be developed
for the child in accordance with
300.320 through 300.324.
services, an IEP was developed in

through 300.324.
Specific learning disabilities.

300.307
(a) General. A State must adopt,
consistent with 300.309, criteria
for determining whether a child has
a specific learning disability as
defined in 300.8(c)(10). In
addition, the criteria adopted by the
State
(1) Must not require the use of a
severe discrepancy between
intellectual ability and achievement
for determining whether a child has
a specific learning disability, as
defined in 300.8(c)(10);
(2) Must permit the use of a process
based on the childs response to
scientific, research-based
intervention; and
(3) May permit the use of other
alternative research-based
procedures for determining
whether a child has a specific
learning disability, as defined in
300.8(c)(10).
(b) Consistency with State criteria. A
public agency must use the State
criteria adopted pursuant to
paragraph (a) of this section in
determining whether a child has a
specific learning disability.
Additional group members.
300.308
The determination of whether a child
suspected of having a specific
learning disability is a child with a
disability as defined in 300.8,
must be made by the childs parents
and a team of qualified
professionals, which must include
(a)(1) The childs regular teacher; or
(2) If the child does not have a
Evidence of
Compliance
300.307
The public agency:
1. Did not require the use of a
severe discrepancy between
intellectual ability and
achievement for determining
whether a student has a
2. Permitted the use of a
process based on the
students response to
intervention.
3. Permitted the use of other
procedures for determining
whether a student has a
4. Used the state criteria for
determining whether a
student has a specific
learning disability.
300.308
The determination of whether a
student is a student with a
specific learning disability was
made by:
1. The students parent.
2. A team of qualified
professionals, that included:
a. The students general
Citation
Standard
regular teacher, a regular classroom

teacher qualified to teach a child of
his or her age; or
(3) For a child of less than school
age, an individual qualified by the
SEA to teach a child of his or her
age; and
(b) At least one person qualified to
conduct individual diagnostic
examinations of children, such as a
school psychologist, speechlanguage pathologist, or remedial
reading teacher.
education teacher, or
If the student does not
have a general education
teacher, a general
education teacher
qualified to teach a
student of his or her age;
or
c. For a child of less than
school age, an individual
qualified to teach a child
of his or her age.
3. At least one person qualified
to conduct individual
diagnostic examinations of
students, such as a school
psychologist, speechlanguage pathologist, or
remedial reading teacher.
Determining the existence of a

300.309
(a) The group described in
300.306 may determine that a
child has a specific learning
disability, as defined in
300.8(c)(10), if
(1) The child does not achieve
adequately for the childs age or to
meet State-approved grade-level
standards in one or more of the
following areas, when provided with
learning experiences and instruction
appropriate for the childs age or
State-approved grade-level
standards:
(i) Oral expression.
(ii) Listening comprehension.
(iii) Written expression.
(iv) Basic reading skill.
(v) Reading fluency skills.
(vi) Reading comprehension.
(vii) Mathematics calculation.
(viii) Mathematics problem solving.
(2)(i) The child does not make
sufficient progress to meet age or
standards in one or more of the
areas identified in paragraph
(a)(1) of this section when using
a process based on the childs
response to scientific, research-
Evidence of
Compliance
b.
300.309(a)(1),(2)
The student did not achieve
adequately for the students age
or to meet state-approved gradelevel standards in one or more of
the following areas:
1. Oral expression.
2. Listening comprehension.
3. Written expression.
4. Basic reading skill.
5. Reading fluency skills.
6. Reading comprehension.
7. Mathematics calculation.
8. Mathematics problem solving.
9. One of the following:
a. The student did not make
sufficient progress to
meet age or stateapproved grade-level
standards in one or more
of the areas based on the
childs response to
intervention.
b. The student exhibited a
pattern of strengths and
weaknesses in
performance,
achievement, or both,
relative to age, stateCompliance Standards for Special Education, October 2013
Citation
based intervention; or
(ii) The child exhibits a pattern of
strengths and weaknesses in
performance, achievement, or both,
relative to age, State-approved
grade-level standards, or intellectual
development, that is determined by
the group to be relevant to the
identification of a specific learning
disability, using appropriate
assessments, consistent with
300.304 and 300.305; and
(3) The group determines that its
findings under paragraphs (a)(1)
and (2) of this section are not
primarily the result of
(i) A visual, hearing, or motor
disability;
(ii) Mental retardation;
(iii) Emotional disturbance;
(iv) Cultural factors;
(v) Environmental or economic
disadvantage; or
(vi) Limited English proficiency.
(b) To ensure that
underachievement in a child
suspected of having a specific
learning disability is not due to lack
of appropriate instruction in reading
or math, the group must consider,
as part of the evaluation described
in 300.304 through 300.306
(1) Data that demonstrate that prior
to, or as a part of, the referral
process, the child was provided
appropriate instruction in regular
education settings, delivered by
qualified personnel; and
(2) Data-based documentation of
repeated assessments of
achievement at reasonable intervals,
reflecting formal assessment of
student progress during instruction,
which was provided to the childs
parents.
(c) The public agency must promptly
request parental consent to evaluate
the child to determine if the child
needs special education and related
services, and must adhere to the
timeframes described in 300.301
and 300.303, unless extended by
mutual written agreement of the
Standard
Evidence of
Compliance
approved grade-level
standards, or intellectual
development.
300.309(a)(3)
The underachievement is not
primarily the result of:
1. A visual, hearing, or motor
disability;
2. Mental retardation;
3. Emotional disturbance;
4. Cultural factors;
5. Environmental or economic
disadvantage; or
6. Limited English proficiency.
300.309(b)
The following data was reviewed:
1. Data that demonstrate that
prior to, or as a part of, the
referral process, the student
was provided appropriate
instruction in the general
education setting.
2. Data-based documentation of
repeated assessments of
achievement at reasonable
intervals, which was provided
to the parent.
300.309(c)(1)
If the student did not make
adequate progress after an
appropriate period of time when
provided appropriate instruction,
the public agency promptly
requested parental consent to
evaluate.

Citation
Standard
Evidence of
Compliance
childs parents and a group of

qualified professionals, as described
in 300.306(a)(1)
(1) If, prior to a referral, a child has
not made adequate progress after
an appropriate period of time when
provided instruction, as described in
paragraphs (b)(1) and (b)(2) of this
section; and
(2) Whenever a child is referred for
an evaluation.
Observation.
300.310
(a) The public agency must ensure
that the child is observed in the
childs learning environment
(including the regular classroom
setting) to document the childs
academic performance and behavior
in the areas of difficulty.
(b) The group described in
300.306(a)(1), in determining
whether a child has a specific
learning disability, must decide to
(1) Use information from an
observation in routine classroom
instruction and monitoring of the
childs performance that was done
before the child was referred for an
evaluation; or
(2) Have at least one member of the
group described in 300.306(a)(1)
conduct an observation of the childs
academic performance in the regular
classroom after the child has been
referred for an evaluation and
parental consent, consistent with
300.300(a), is obtained.
(c) In the case of a child of less than
school age or out of school, a group
member must observe the child in
an environment appropriate for a
child of that age.
Specific documentation for the

eligibility determination.
300.311
(a) For a child suspected of having a
specific learning disability, the
documentation of the determination
300.310(a)
An observation in the students
learning environment was
conducted and documents the
students academic performance
and behavior in the areas of
difficulty.
300.310(b)
A group of qualified individuals
and the parent decided to use:
1. Information from an
observation in routine
classroom instruction,
2. Monitoring of the students
performance that was done
before the student was
referred for an evaluation, or
3. At least one member of the
group of qualified
professionals conducted an
observation in the general
education classroom after
parental consent was
obtained.
300.310(c)
In the case of a student of less
than school age or out of school,
an observation in an environment
appropriate for a student of that
age was completed.
300.311(a)(2),(3),(4),(5),(6)
Documentation of the following:
1. The basis for making the
Citation
of eligibility, as required in
300.306(a)(2), must contain a
statement of
(1) Whether the child has a specific
learning disability;
(2) The basis for making the
determination, including an
assurance that the determination
has been made in accordance
with 300.306(c)(1);
(3) The relevant behavior, if any,
noted during the observation of the
child and the relationship of that
behavior to the childs academic
functioning;
(4) The educationally relevant
medical findings, if any;
(5) Whether
(i) The child does not achieve
adequately for the childs age or to
meet State-approved grade-level
standards consistent with
300.309(a)(1); and
(ii)(A) The child does not make
sufficient progress to meet age or
standards consistent with
300.309(a)(2)(i); or
(B) The child exhibits a pattern of
strengths and weaknesses in
performance, achievement, or both,
relative to age, State-approved
grade level standards or intellectual
development consistent with
300.309(a)(2)(ii);
(6) The determination of the group
concerning the effects of a visual,
hearing, or motor disability; mental
retardation; emotional disturbance;
cultural factors; environmental or
economic disadvantage; or limited
English proficiency on the childs
achievement level; and
(7) If the child has participated in a
process that assesses the childs
response to scientific, researchbased intervention
(i) The instructional strategies used
and the student-centered data
collected; and
(ii) The documentation that the
childs parents were notified about
(A) The States policies regarding
Standard
2.
3.
4.
5.
6.
Evidence of
Compliance
determination included an
assurance that the
determination was made in
accordance with
300.306(c)(1).
The relevant behavior, if any,
noted during the observation
of the student.
The relationship of that
behavior to the students
academic functioning.
Educationally relevant
medical findings, if any.
Whether the student:
a. Did not achieve
adequately for the
students age or fails to
meet state-approved
grade-level standards.
b. Did not make sufficient
progress to meet age or
state-approved grade
level standards.
c. Exhibited a pattern of
strengths and
weaknesses in
performance,
achievement, or both,
relative to age, stateapproved grade-level
standards or intellectual
development.
The determination concerning
the effects of a visual,
hearing or motor disability,
mental retardation, emotional
disturbance, cultural factors,
environmental or economic
disadvantage, or limited
English proficiency on the
childs achievement level.
300.311(a)(7)
If the student has participated in
a process that assesses the
students response to scientific,
research-based intervention,
documentation of the following:
1. A description of the
instructional strategies used
and the student-centered
data collected.
2. Notification to the parent of
Citation
Standard
the amount and nature of student

performance data that would be
collected and the general education
services that would be provided;
(B) Strategies for increasing the
childs rate of learning; and
(C) The parents right to request an
evaluation.
(b) Each group member must certify
in writing whether the report reflects
the members conclusion. If it does
not reflect the members conclusion,
the group member must submit a
separate statement presenting the
members conclusions.
the following:
a. The states policies
regarding the amount and
nature of student
performance data that
would be collected and
the general education
services that would be
provided.
b. Strategies for increasing
the students rate of
learning.
3. The parents right to request
an evaluation.
Student with a disability

defined.
R 340.1702
Rule 2. Student with a disability
means a person who has been
evaluated according to the
individuals with disabilities education
act and these rules, and is
determined by an individualized
education program team, an
individualized family service plan
team, or an administrative law judge
to have 1 or more of the
impairments specified in this part
that necessitates special education
or related services, or both, who is
not more than 25 years of age as of
September 1 of the school year of
enrollment, and who has not
graduated from high school. A
student who reaches the age of 26
years after September 1 is a
student with a disability and
entitled to continue a special
education program or service until
Evidence of
Compliance
300.311(b)
1. A written statement as to
whether the evaluation report
reflects all of the members
conclusions.
2. If the evaluation report did
not reflect the conclusion of
all members, a separate
statement presenting the
dissenting members
conclusions was presented to
the IEP team.
R 340.1702
A student with a disability:
1. Has been evaluated according
to the IDEA and the MARSE
and determined by an IEP
team, IFSP, or an
administrative law judge to
have one or more
impairments specified
according to R 340.1705
through R 340.1717 in the
MARSE.
2. Is no more than 25 years old
as of September 1 of the
school year of enrollment.
3. Has not completed the
requirements of a regular
high school diploma.
4. Has been determined by an
IEP team, IFSP, or an
administrative law judge to
have one or more
Citation
the end of that school year.
Cognitive impairment;
determination.
R 340.1705
Rule 5. (1) Cognitive impairment
shall be manifested during the
developmental period and be
determined through the
demonstration of all of the following
behavioral characteristics:
(a) Development at a rate at or
below approximately 2 standard
deviations below the mean as
determined through intellectual
assessment.
(b) Scores approximately within the
lowest 6 percentiles on a
standardized test in reading and
arithmetic. This requirement will not
apply if the student is not of an age,
grade, or mental age appropriate for
formal or standardized achievement
tests.
(c) Lack of development primarily in
the cognitive domain.
(d) Impairment of adaptive
behavior.
(e) Adversely affects a students
educational performance.
(2) A determination of impairment
shall be based upon a full and
individual evaluation by a
multidisciplinary evaluation team,
which shall include a psychologist.
Emotional impairment;
determination; evaluation
report.
R 340.1706
Rule 6. (1) Emotional impairment
shall be determined through
manifestation of behavioral
problems primarily in the affective
domain, over an extended period of
time, which adversely affect the
students education to the extent
that the student cannot profit from
Standard
Evidence of
Compliance
impairments necessitating
special education or related
services.
R 340.1705(1)
1. The impairment manifested
during the developmental
period.
2. Intellectual development is
approximately two standard
deviations at or below the
mean.
3. Scores in reading and math
are in approximately the
lowest sixth percentile on a
standardized test, unless the
student was not of an age,
grade, or mental age
appropriate for a formal or
standardized achievement
test.
4. The lack of development is
primarily in the cognitive
domain.
5. There is an impairment of
adaptive behavior.
6. The impairment has an
adverse effect on the
students educational
performance.
R 340.1705(2)
1. Determination of disability
was based upon a full and
individual evaluation.
2. The MET included a
psychologist.
R 340.1706(1)
1. Behavior problems are
primarily in the affective
domain.
2. Behavior problems were
manifested over an extended
period of time.
3. The student cannot benefit
Citation
Standard
learning experiences without special

education support. The problems
result in behaviors manifested by 1
or more of the following
characteristics:
(a) Inability to build or maintain
satisfactory interpersonal
relationships within the school
environment.
(b) Inappropriate types of behavior
or feelings under normal
circumstances.
(c) General pervasive mood of
unhappiness or depression.
(d) Tendency to develop physical
symptoms or fears associated with
personal or school problems.
(2) Emotional impairment also
includes students who, in addition to
the characteristics specified in
subrule (1) of this rule, exhibit
maladaptive behaviors related to
schizophrenia or similar disorders.
The term emotional impairment
does not include persons who are
socially maladjusted, unless it is
determined that the persons have
an emotional impairment.
(3) Emotional impairment does not
include students whose behaviors
are primarily the result of
intellectual, sensory, or health
factors.
(4) When evaluating a student
suspected of having an emotional
impairment, the multidisciplinary
evaluation team report shall include
documentation of all of the
following:
(a) The students performance in the
educational setting and in other
settings, such as adaptive behavior
within the broader community.
(b) The systematic observation of
the behaviors of primary concern
which interfere with educational and
social needs.
(c) The intervention strategies used
to improve the behaviors and the
length of time the strategies were
utilized.
(d) Relevant medical information, if
any.
from general education

without special education
support.
4. One or more of the following
characteristics are
documented:
a. Inability to build or
maintain satisfactory
interpersonal
relationships within the
school environment.
b. Inappropriate types of
behavior or feelings under
normal circumstances.
c. General pervasive mood
of unhappiness or
depression.
d. Physical symptoms or
tendency to develop fears
associated with personal
or school problems.
Evidence of
Compliance
R 340.1706(2)
If maladaptive behaviors related
to schizophrenia or social
maladjustment are documented,
one of the four characteristics
above is also documented.
R 340.1706(3)
Intellectual, sensory, or health
factors are not the primary cause
of the students impairment.
R 340.1706(4)
The evaluation report documents
all of the following:
1. The students performance in
the educational setting and in
other settings.
2. Systemic observation of the
behaviors which interfere with
educational and social needs.
3. The intervention strategies
used and the length of time
the strategies were utilized.
4. Relevant medical information,
if any.
R 340.1706(5)
Citation
shall be based on data provided by a
which shall include a full and
individual evaluation by both of the
following:
(a) A psychologist or psychiatrist.
(b) A school social worker.
Hearing impairment explained;
determination.
R 340.1707
Rule 7. (1) The term hearing
impairment is a generic term which
includes both students who are deaf
and those who are hard of hearing
and refers to students with any type
or degree of hearing loss that
interferes with development or
adversely affects educational
performance. Deafness means a
hearing impairment that is so severe
that the student is impaired in
processing linguistic information
through hearing, with or without
amplification. The term hard of
hearing refers to students with
hearing impairment who have
permanent or fluctuating hearing
loss which is less severe than the
hearing loss of students who are
deaf and which generally permits
the use of the auditory channel as
the primary means of developing
speech and language skills.
which shall include an audiologist
and an otolaryngologist or otologist.
Visual impairment explained;
determination.
R 340.1708
Rule 8. (1) A visual impairment shall
be determined through the
manifestation of both of the
following:
(a) A visual impairment which, even
with correction, interferes with
development or which adversely
affects educational performance.
Standard
Evidence of
Compliance
2. The MET included both:

a. A psychologist or
psychiatrist.
b. A school social worker.
R 340.1707(1)
Evidence of hearing loss that:
1. Interferes with development
or
2. Adversely affects educational
performance in the general
education setting.
R 340.1707(2)
a. An audiologist.
b. An otolaryngologist or
otologist.
R 340.1708(1)
The visual impairment:
1. Interferes with development
or
performance.
3. Manifests in one or more of
the following:
Citation
Visual impairment includes both
partial sight and blindness.
(b) One or more of the following:
(i) A central visual acuity for near or
far point vision of 20/70 or less in
the better eye after routine
refractive correction.
(ii) A peripheral field of vision
restricted to not more than 20
degrees.
(iii) A diagnosed progressively
deteriorating eye condition.
which shall include an
ophthalmologist or optometrist.
(3) If a student cannot be tested
accurately for acuity, then functional
visual assessments conducted by a
teacher certified in visual
impairment may be used in addition
to the medical evaluation for
determination of impairment.
(4) For students with visual
impairment who have a visual acuity
of 20/200 or less after routine
refractive correction, or who have a
peripheral field of vision restricted to
not more than 20 degrees, an
evaluation by an orientation and
mobility specialist shall be
conducted. The orientation and
mobility specialist shall also include
in the report a set of recommended
procedures to be used by a mobility
specialist or a teacher of students
with visual impairment in conducting
orientation and mobility training
activities.
Standard
a.
b.
c.
Evidence of
Compliance
A central visual acuity for

near or far point vision of
20/70 or less in the
better eye after routine
refractive correction.
A peripheral field of vision
restricted to not more
than 20 degrees.
A diagnosed progressively
deteriorating eye
condition.
R 340.1708(2)
2. The MET included an
ophthalmologist or
optometrist.
R 340.1708(3)
If the student could not be tested
accurately for acuity, functional
visual assessments, conducted by
a teacher certified in visual
impairment, were used in
addition to the medical evaluation
for determination of impairment.
R 340.1708(4)
For a student with a visual
impairment who has:
1. 20/200 or less acuity after
routine refractive correction,
or
2. A peripheral field of vision
restricted to not more than
20 degrees:
a. An orientation and
mobility evaluation was
completed.
b. The orientation and
mobility evaluation report
documents a set of
recommended procedures
to be used by a mobility
specialist or teacher of a
student with a visual
impairment in conducting
orientation and mobility
training activities.

Citation
Physical impairment defined;
determination.
R 340.1709
Rule 9. (1) Physical impairment
means severe orthopedic
impairment that adversely affects a
students educational performance.
(2) A determination of disability
which shall include assessment data
from 1 of the following persons:
(a) An orthopedic surgeon.
(b) An internist.
(c) A neurologist.
(d) A pediatrician.
(e) A family physician or any other
approved physician as defined in
1978 PA 368, MCL 333.1101 et seq.
Other health impairment

defined; determination.
R 340.1709a
Rule 9a. (1) Other health
impairment means having limited
strength, vitality, or alertness,
including a heightened alertness to
environmental stimuli, which results
in limited alertness with respect to
the educational environment and to
which both of the following
provisions apply:
(a) Is due to chronic or acute health
problems such as any of the
following:
(i) Asthma.
(ii) Attention deficit disorder.
(iii) Attention deficit hyperactivity
disorder.
(iv) Diabetes.
(v) Epilepsy.
(vi) A heart condition.
(vii) Hemophilia.
(viii) Lead poisoning.
(ix) Leukemia.
(x) Nephritis.
(xi) Rheumatic fever.
(xii) Sickle cell anemia.
(b) The impairment adversely
affects a students educational
Standard
Evidence of
Compliance
R 340.1709(1)
The severe orthopedic
impairment adversely affects a
performance.
R 340.1709(2)
2. The MET included at least one
of the following:
a. Orthopedic surgeon.
b. Internist.
c. Neurologist.
d. Pediatrician.
e. Family physician.
f. Any other approved
physician.
R 340.1709a(1)
The impairment:
1. Manifests through limited
strength, vitality, or
alertness, including a
heightened alertness to
environmental stimuli, which
results in limited alertness
with respect to the
educational environment.
2. Is due to chronic or acute
health problems.
3. Adversely affects the
performance.
R 340.1709a(2)
2. The MET included one of the
following:
a. Orthopedic surgeon.
b. Internist.
c. Neurologist.
d. Pediatrician.
e. Family physician.
Citation
performance.
which shall include 1 of the following
persons:
(a) An orthopedic surgeon.
(b) An internist.
(c) A neurologist.
(d) A pediatrician.
(e) A family physician or any other
1978 PA 368, MCL 333.1101 et seq.
Speech and language
impairment defined;
determination.
R 340.1710
Rule 10. (1) A speech and language
impairment means a
communication disorder that
adversely affects educational
performance, such as a language
impairment, articulation impairment,
fluency impairment, or voice
impairment.
(2) A communication disorder shall
be determined through the
manifestation of 1 or more of the
following speech and language
impairments that adversely affects
educational performance:
(a) A language impairment which
interferes with the students ability
to understand and use language
effectively and which includes 1 or
more of the following:
(i) Phonology.
(ii) Morphology.
(iii) Syntax.
(iv) Semantics.
(v) Pragmatics.
(b) Articulation impairment,
including omissions, substitutions, or
distortions of sound, persisting
beyond the age at which maturation
alone might be expected to correct
the deviation.
(c) Fluency impairment, including an
abnormal rate of speaking, speech
interruptions, and repetition of
sounds, words, phrases, or
Standard
f.
Evidence of
Compliance
Any other approved

physician.
R 340.1710(1),(2)
The impairment:
performance.
2. Is a communication disorder
manifested by one or more
speech and language disorder
such as:
a. A language impairment
that interferes with the
students ability to
understand and use
language effectively that
includes phonology,
morphology, syntax,
semantics, or pragmatics.
b. An articulation
impairment including
omissions, substitutions,
or distortions of sound
persisting beyond the age
at which maturation alone
might be expected to
correct the deviation.
c. A fluency impairment
including an abnormal
rate of speaking, speech
interruptions, and
repetition of sounds,
words, phrases, or
sentences.
d. A voice impairment,
including inappropriate
pitch, loudness, or voice
Citation
sentences, that interferes with
effective communication.
(d) Voice impairment, including
inappropriate pitch, loudness, or
voice quality.
(3) Any impairment under subrule
(2)(a) of this rule shall be evidenced
by both of the following:
(a) A spontaneous language sample
demonstrating inadequate language
functioning.
(b) Test results on not less than 2
standardized assessment
instruments or 2 subtests designed
to determine language functioning
which indicate inappropriate
language functioning for the
students age.
(4) A student who has a
communication disorder, but whose
primary disability is other than
speech and language may be eligible
for speech and language services
under R 340.1745(a).
which shall include a teacher of
students with speech and language
impairment under R 340.1796 or a
speech and language pathologist
qualified under R 340.1792.
Early childhood developmental
delay defined; determination.
R 340.1711
Rule 11. (1) Early childhood
developmental delay means a child
through 7 years of age whose
primary delay cannot be
differentiated through existing
criteria within R 340.1705 to
R 340.1710 or R 340.1713 to
R 340.1716 and who manifests a
delay in 1 or more areas of
development equal to or greater
than 1/2 of the expected
development. This definition does
not preclude identification of a child
through existing criteria within
R 340.1705 to R 340.1710 or
R 340.1713 to R 340.1716.
Standard
Evidence of
Compliance
quality.
R 340.1710(3)
If the communication disorder is
a language impairment, it is
evidenced by both:
1. A spontaneous language
sample demonstrating
inadequate language
functioning.
2. Test results on not less than
two standardized assessment
instruments or two subtests
designed to determine
language functioning which
indicate inappropriate
language functioning for the
students age.
R 340.1710(5)
2. The MET included one of the
following:
a. A teacher of students
with speech and language
impairment.
b. A qualified speech and
language pathologist.
R 340.1711(1),(2)
1. The student is under the age
of eight.
2. A primary developmental
delay cannot be differentiated
through existing criteria for
other impairments.
3. The delay is half or less than
the expected developmental
rate.
MET.

Citation
Standard
Evidence of
Compliance
(2) A determination of early

childhood developmental delay shall
be based upon a full and individual
evaluation by a multidisciplinary
evaluation team.
Specific learning disability
R 340.1713
Rule 13. (1) Specific learning
disability means a disorder in 1 or
more of the basic psychological
processes involved in understanding
or in using language, spoken or
written, that may manifest itself in
the imperfect ability to listen, think,
speak, read, write, spell, or to do
mathematical calculations, including
conditions such as perceptual
disabilities, brain injury, minimal
brain dysfunction, dyslexia, and
developmental aphasia. Specific
learning disability does not include
learning problems that are primarily
the result of visual, hearing, or
motor disabilities, of cognitive
impairment, of emotional
impairment, of autism spectrum
disorder, or of environmental,
cultural, or economic disadvantage.
(2) In determining whether a
student has a learning disability, the
state shall:
(a) Not require the use of a severe
discrepancy between intellectual
ability and achievement.
(b) Permit the use of a process
based on the childs response to
intervention.
(c) Permit the use of other
procedures.
(3) A determination of learning
disability shall be based upon a full
and individual evaluation by a
which shall include at least both of
the following:
(a) The students general education
teacher or, if the student does not
have a general education teacher, a
general education teacher qualified
R 340.1713(1)
1. The disorder is in one or
more of the basic
psychological processes
involved in understanding or
in using language, spoken or
written, that may manifest
itself in the imperfect ability
to listen, think, speak, read,
write, spell, or to do
mathematical calculations.
2. The learning disability does
not include learning problems
that are primarily the result
of:
a. Visual.
b. Hearing.
c. Motor disabilities.
d. Cognitive impairment.
e. Emotional impairment.
f. Autism spectrum disorder
g. Environmental, cultural,
or economic
disadvantage.
R 340.1713(3)
2. The MET included at least
both of the following:
a. The students general
education teacher or, if
the student does not
have a general education
teacher, a general
education teacher
qualified to teach a
student of his or her age.
b. A person qualified to
conduct individual
diagnostic examinations
of children, such as a
school psychologist, an
Citation
to teach a student of his or her age
or, for a child of less than school
age, an individual qualified by the
state educational agency to teach a
child of his or her age.
(b) At least 1 person qualified to
conduct individual diagnostic
examinations of children, such as a
school psychologist, an authorized
provider of speech and language
under R 340.1745(d), or a teacher
consultant.
Severe multiple impairment;
determination.
R 340.1714
Rule 14. (1) Students with severe
multiple impairments shall be
determined through the
manifestation of either of the
following:
(a) Development at a rate of 2 to 3
standard deviations below the mean
and 2 or more of the following
conditions:
(i) A hearing impairment so severe
that the auditory channel is not the
primary means of developing speech
and language skills.
(ii) A visual impairment so severe
that the visual channel is not
sufficient to guide independent
mobility.
(iii) A physical impairment so severe
that activities of daily living cannot
be achieved without assistance.
(iv) A health impairment so severe
that the student is medically at risk.
(b) Development at a rate of 3 or
more standard deviations below the
mean or students for whom
evaluation instruments do not
provide a valid measure of cognitive
ability and 1 or more of the following
conditions:
(i) A hearing impairment so severe
that the auditory channel is not the
primary means of developing speech
and language skills.
(ii) A visual impairment so severe
that the visual channel is not
sufficient to guide independent
mobility.
Standard
Evidence of
Compliance
authorized provider of
speech and language, or
a teacher consultant.
R 340.1714(1)
1. There is a cognitive
development at a rate of two
to three standard deviations
below the mean and two or
more of the following
conditions:
a. A hearing impairment so
severe that the auditory
channel is not the
primary means of
developing speech and
language skills.
b. A visual impairment so
severe that the visual
channel is not sufficient
to guide independent
mobility.
c. A physical impairment so
severe that activities of
daily living cannot be
achieved without
assistance.
d. A health impairment so
severe that the student is
medically at risk.
2. There is a cognitive
development at a rate of
three or more standard
deviations below the mean or
development too delayed to
assess one or more of the
above conditions.
R 340.1714(2)
Citation
(iii) A physical impairment so severe
that activities of daily living cannot
be achieved without assistance.
(iv) A health impairment so severe
that the student is medically at risk.
which shall include a psychologist
and, depending upon the disabilities
in the physical domain, the
participants required in R 340.1707,
R 340.1708, or R 340.1709,
R 340.1709a, or R 340.1716.
Autism spectrum disorder
R 340.1715
Rule 15. (1) Autism spectrum
disorder is considered a lifelong
developmental disability that
adversely affects a students
educational performance in 1 or
more of the following performance
areas:
(a) Academic.
(b) Behavioral.
(c) Social.
Autism spectrum disorder is typically
manifested before 36 months of
age. A child who first manifests the
characteristics after age 3 may also
meet criteria. Autism spectrum
disorder is characterized by
qualitative impairments in reciprocal
social interactions, qualitative
impairments in communication, and
restricted range of
interests/repetitive behavior.
(2) Determination for eligibility shall
include all of the following:
(a) Qualitative impairments in
reciprocal social interactions
including at least 2 of the following
areas:
(i) Marked impairment in the use of
multiple nonverbal behaviors such
as eye-to-eye gaze, facial
expression, body postures, and
gestures to regulate social
interaction.
Standard
Evidence of
Compliance
a. A psychologist.
b. The participants required
by the impairments used
to determine eligibility.
R 340.1715(1),(2),(4)
1. Adverse effects on the
performance in one or more
of the following areas:
a. Academic.
b. Behavioral.
c. Social.
2. Determination for eligibility of
impairment includes all of the
following:
a. Qualitative impairments
in reciprocal social
interactions including at
least two of the following
areas:
Marked impairment
in the use of multiple
nonverbal behaviors.
Failure to develop
peer relationships
appropriate to
developmental level.
Marked impairment
in spontaneous
seeking to share
enjoyment, interests,
or achievements with
other people.
Marked impairment
in the areas of social
or emotional
reciprocity.
Citation
(ii) Failure to develop peer
relationships appropriate to
(iii) Marked impairment in
spontaneous seeking to share
enjoyment, interests, or
achievements with other people, for
example, by a lack of showing,
bringing, or pointing out objects of
interest.
(iv) Marked impairment in the areas
of social or emotional reciprocity.
(b) Qualitative impairments in
communication including at least 1
of the following:
(i) Delay in, or total lack of, the
development of spoken language not
accompanied by an attempt to
compensate through alternative
modes of communication such as
gesture or mime.
(ii) Marked impairment in
pragmatics or in the ability to
initiate, sustain, or engage in
reciprocal conversation with others.
(iii) Stereotyped and repetitive use
of language or idiosyncratic
language.
(iv) Lack of varied, spontaneous
make-believe play or social imitative
play appropriate to developmental
level.
(c) Restricted, repetitive, and
stereotyped behaviors including at
least 1 of the following:
(i) Encompassing preoccupation with
1 or more stereotyped and restricted
patterns of interest that is abnormal
either in intensity or focus.
(ii) Apparently inflexible adherence
to specific, nonfunctional routines or
rituals.
(iii) Stereotyped and repetitive
motor mannerisms, for example,
hand or finger flapping or twisting,
or complex whole-body movements.
(iv) Persistent preoccupation with
parts of objects.
(3) Determination may include
unusual or inconsistent response to
sensory stimuli, in combination with
subdivisions (a), (b), and (c) of
subrule 2 of this rule.
Standard
Evidence of
Compliance
b.
Qualitative impairments
in communication in at
least one of the following:
Delay in, or total lack

of, the development
of spoken language.
Marked impairment
in pragmatics or in
the ability to initiate,
sustain, or engage in
reciprocal
conversation with
others.
Stereotyped and
repetitive use of
language or
idiosyncratic
language.
Lack of varied,
spontaneous makebelieve play or social
imitative play
appropriate to
c. Restricted, repetitive, and
stereotyped behaviors in
at least one of the
following:
Preoccupation with
one or more
stereotyped and
restricted patterns of
interest that is
abnormal either in
intensity or focus.
Apparently inflexible
adherence to specific,
nonfunctional
routines or rituals.
Stereotyped and
repetitive motor
mannerisms.
Persistent
preoccupation with
parts of objects.
3. Determination may include
unusual or inconsistent
response to sensory stimuli in
addition to the required
characteristics.
4. There is not a primary
diagnosis of schizophrenia or
emotional impairment.
Citation
(4) While autism spectrum disorder
may exist concurrently with other
diagnoses or areas of disability, to
be eligible under this rule, there
shall not be a primary diagnosis of
schizophrenia or emotional
impairment.
including, at a minimum, a
psychologist or psychiatrist, an
authorized provider of speech and
language under R 340.1745(d), and
a school social worker.
Traumatic brain injury
R 340.1716
Rule 16. (1) Traumatic brain injury
means an acquired injury to the
brain which is caused by an external
physical force and which results in
total or partial functional disability or
psychosocial impairment, or both,
that adversely affects a students
educational performance. The term
applies to open or closed head
injuries resulting in impairment in 1
or more of the following areas:
(a) Cognition.
(b) Language.
(c) Memory.
(d) Attention.
(e) Reasoning.
(f) Behavior.
(g) Physical functions.
(h) Information processing.
(i) Speech.
(2) The term does not apply to brain
injuries that are congenital or
degenerative or to brain injuries
induced by birth trauma.
which shall include an assessment
from a family physician or any other
1978 PA 368, MCL 333.1101 et seq.
Standard
Evidence of
Compliance
R 340.1715(5)
2. The MET included at least:
a. A psychologist or
psychiatrist.
b. An authorized provider of
speech and language
under R 340.1745(d).
c. A school social worker.
R 340.1716(1)
There is an acquired injury to the
brain which:
1. Was caused by an external
force.
2. Resulted in total or partial
functional disability or
psychosocial impairment, or
both.
3. Adversely affected the
performance.
4. Is an open or closed head
injury that resulted in the
impairment of one or more of
the following areas:
a. Cognition.
b. Language.
c. Memory.
d. Attention.
e. Reasoning.
f. Behavior.
g. Physical functions.
h. Information processing.
i. Speech.
R 340.1716(2)
The eligibility determination was
not based on a brain injury that is
congenital or degenerative or
induced by a birth trauma.

Citation
Standard
Evidence of
Compliance
R 340.1716(3)
2. The MET included a family
physician or other approved
physician.
Deaf-blindness defined;
determination.
R 340.1717
Rule 17. (1) Deaf-blindness means
concomitant hearing impairment and
visual impairment, the combination
of which causes severe
communication and other
developmental and educational
needs that cannot be accommodated
in special education programs
without additional supports to
address the unique needs specific to
deaf-blindness. Deaf-blindness also
means both of the following:
(a) Documented hearing and visual
losses that, if considered
individually, may not meet the
requirements for visual impairment
or hearing impairment, but the
combination of the losses affects
educational performance.
(b) Such students function as if they
have both a hearing and visual loss,
based upon responses to auditory
and visual stimuli in the
environment, or during vision and
hearing evaluations.
(2) A determination of the disability
shall be based upon data provided
by a multidisciplinary evaluation
team which shall include assessment
data from all of the following:
(a) Medical specialists such as any
of the following:
(i) An ophthalmologist.
(ii) An optometrist.
(iii) An audiologist.
(iv) An otolaryngologist.
(v) An otologist.
(vi) A family physician or any other
1978 PA 368, MCL 333.1101 et seq.
(b) A teacher of students with visual
impairment.
R 340.1717(1)
1. There are concomitant
hearing and visual
impairments that:
a. Cause severe
communication,
developmental, and
educational needs.
b. Cannot be accommodated
in special education
programs without
additional supports.
2. Deaf-blindness also means:
a. Documented hearing and
visual losses that may not
individually meet the
requirements for visual
impairment or hearing
impairment, but affect
educational performance
in combination.
b. The student functions as
if they have both a
hearing and visual loss,
based upon responses to
auditory and visual
stimuli in the
environment, or during
vision and hearing
evaluations.
R 340.1717(2)
2. The MET included:
a. Any one of the following
medical specialists:
Ophthalmologist.
Optometrist.
Audiologist.
Otolaryngologist.
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Standard
(c) A teacher of students with

hearing impairment.
Evidence of
Compliance
Otologist.
Family physician.
Any other approved
physician.
A teacher of students
with visual impairment.
A teacher of students
with hearing impairment.
b.
c.

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Individualized Education Program: Page III-1
Citation
Standard
Evidence of
Compliance
III. Individualized Education Program

Transition services.
300.43
(a) Transition services means a
coordinated set of activities for a
child with a disability that
(1) Is designed to be within a results
oriented process, that is focused on
improving the academic and
functional achievement of the child
with a disability to facilitate the
childs movement from school to
post-school activities,
(2) Is based on the individual childs
needs, taking into account the
childs strengths, preferences, and
interests; and includes
(i) Instruction;
(ii) Related services;
(iii) Community experiences;
(iv) The development of
employment and other post-school
adult living objectives; and
(v) If appropriate, acquisition of
daily living skills and provision of a
functional vocational evaluation.
(b) Transition services for children
with disabilities may be special
education, if provided as specially
designed instruction, or a related
service, if required to assist a child
with a disability to benefit from
special education.
Extended school year services.
300.106
(a) General. (1) Each public agency
must ensure that extended school
year services are available as
necessary to provide FAPE,
consistent with paragraph (a)(2) of
this section.
(2) Extended school year services
must be provided only if a childs IEP
Team determines, on an individual
basis, in accordance with
300.320 through 300.324, that
the services are necessary for the
provision of FAPE to the child.
(3) In implementing the
requirements of this section, a
public agency may not
300.43(a)
Transition services are:
1. Focused on improving the
academic and functional
achievement of the student
with a disability.
2. Designed to facilitate the
students movement from
school to post-school
activities.
3. Based on the individual
students needs, taking into
account the students
strengths, preferences, and
interests; and includes:
a. Instruction.
b. Related services.
c. Community experiences.
d. The development of
employment and other
post-school adult living
objectives.
e. If appropriate, acquisition
of daily living skills and
provision of a functional
vocational evaluation.
300.106(a)
If the IEP determines extended
school year services to be
necessary, the services were
provided.
300.106(a)(3)
In providing extended school year
services, the public agency does
not:
1. Limit services to a particular
category or disability.
2. Unilaterally limit the type,
amount, or duration of these
services.

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Standard
(i) Limit extended school year

services to particular categories of
disability; or
(ii) Unilaterally limit the type,
amount, or duration of those
services.
(b) Definition. As used in this
section, the term extended school
year services means special
that
(1) Are provided to a child with a
disability
(i) Beyond the normal school year of
the public agency;
(ii) In accordance with the childs
IEP; and
(iii) At no cost to the parents of the
child; and
(2) Meet the standards of the SEA.
300.106(b)
Extended school year services:
1. Are beyond the normal school
year of the public agency.
2. Are in accordance with a
students IEP.
3. Are at no costs to the parent.
4. Meet the standards of the
SEA.
Nonacademic services.
300.107
The State must ensure the
following:
(a) Each public agency must take
steps, including the provision of
supplementary aids and services
determined appropriate and
necessary by the childs IEP Team,
to provide nonacademic and
extracurricular services and
activities in the manner necessary to
afford children with disabilities an
equal opportunity for participation in
those services and activities.
(b) Nonacademic and extracurricular
services and activities may include
counseling services, athletics,
transportation, health services,
recreational activities, special
interest groups or clubs sponsored
by the public agency, referrals to
agencies that provide assistance to
individuals with disabilities, and
employment of students, including
both employment by the public
agency and assistance in making
outside employment available.
Program options.
300.110
The State must ensure that each
Evidence of
Compliance
300.107(a)
The public agency ensures the
provision of nonacademic and
extracurricular services, including
determined appropriate and
necessary by the students IEP
team.
300.110
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Standard
public agency takes steps to ensure

that its children with disabilities
have available to them the variety of
educational programs and services
available to nondisabled children in
the area served by the agency,
including art, music, industrial arts,
consumer and homemaking
education, and vocational education.
The public agency offers students

with disabilities the same variety
of educational programs and
services as those offered for
nondisabled students.
Nonacademic settings.
300.117
In providing or arranging for the
provision of nonacademic and
extracurricular services and
activities, including meals, recess
periods, and the services and
activities set forth in 300.107,
each public agency must ensure
that each child with a disability
participates with nondisabled
children in the extracurricular
services and activities to the
maximum extent appropriate
to the needs of that child. The public
agency must ensure that each child
with a disability has the
determined by the childs IEP Team
to be appropriate and necessary for
the child to participate in
nonacademic settings.
Definition of individualized
education program.
300.320
(a) General. As used in this part, the
term individualized education
program or IEP means a written
statement for each child with a
disability that is developed,
reviewed, and revised in a
meeting in accordance with
300.320 through 300.324, and
that must include
(1) A statement of the childs
present levels of academic
achievement and
functional performance, including
(i) How the childs disability affects
the childs involvement and progress
in the general education curriculum
(i.e., the same curriculum as for
Evidence of
Compliance
300.117
Each public agency ensures that
each student with a disability:
1. Participates with nondisabled
students in extracurricular
services and activities to the
maximum extent appropriate.
2. Has the supplementary aids
and services determined by
the childs IEP team to be
appropriate and necessary for
the child to participate in
nonacademic settings.
300.320(a)
The IEP is a written statement
that includes:
1. The students present levels
of academic achievement and
functional performance
including:
a. How the students
disability affects
involvement and progress
in the general education
curriculum.
b. For preschool children,
how the disability affects
the childs participation in
appropriate activities.
2. Measurable annual academic
Citation
nondisabled children); or
(ii) For preschool children, as
appropriate, how the disability
affects the childs participation in
appropriate activities;
(2)(i) A statement of measurable
annual goals, including academic
and functional goals designed to
(A) Meet the childs needs that
result from the childs disability to
enable the child to be involved in
and make progress in the general
education curriculum; And
(B) Meet each of the childs other
educational needs that result from
the childs disability;
(ii) For children with disabilities who
take alternate assessments aligned
to alternate academic achievement
standards, a description of
benchmarks or
short-term objectives;
(3) A description of
(i) How the childs progress toward
meeting the annual goals described
in paragraph (2) of this section will
be measured; and
(ii) When periodic reports on the
progress the child is making toward
meeting the annual goals (such as
through the use of quarterly or other
periodic reports, concurrent with the
issuance of report cards) will be
provided;
(4) A statement of the special
education and related services and
supplementary aids and services,
based on peer-reviewed research to
the extent practicable, to be
provided to the child, or on behalf of
the child, and a statement of the
program modifications or supports
for school personnel that will be
provided to enable the child
(i) To advance appropriately toward
attaining the annual goals;
(ii) To be involved in and make
progress in the general education
curriculum in accordance with
paragraph (a)(1) of this section, and
to participate in extracurricular and
other nonacademic activities; and
(iii) To be educated and participate
Standard
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Evidence of
Compliance
goals designed to:

a. Meet the students needs
that result from the
students disability to
enable the student to be
involved in and make
progress in the general
b. Meet each of the
students other
educational needs that
result from the students
disability.
Short term objectives.
How the progress toward
annual goals will be
measured.
When periodic reports on the
progress the student is
making toward meeting the
annual goals will be provided.
The special education and
related services.
Supplementary aids and
services.
Program modifications or
supports for school
personnel.
The extent, if any, to which
the student will not
participate with nondisabled
students in the general
education class.
Accommodations that are
necessary to measure the
functional performance of the
child on state- and districtwide assessments.
If the IEP team determined
that the student must take an
alternate assessment:
a. Why the student cannot
participate in the regular
assessment.
b. Why the particular
alternate assessment
selected is appropriate for
the student.
The projected date for the
beginning of services and
modifications.
The anticipated frequency,
Citation
Standard
with other children with disabilities

and nondisabled children in the
activities described in this section;
(5) An explanation of the extent, if
any, to which the child will not
participate with nondisabled children
in the regular class and in the
activities described in paragraph
(a)(4) of this section; (6)(i) A
statement of any individual
appropriate accommodations that
are necessary to measure the
functional performance of the child
on State and district wide
assessments consistent with section
612(a)(16) of the Act; and
(ii) If the IEP Team determines that
the child must take an alternate
assessment instead of a particular
regular State or districtwide
assessment of student achievement,
a statement of why
(A) The child cannot participate in
the regular assessment; and
(B) The particular alternate
assessment selected is appropriate
for the child; and
(7) The projected date for the
beginning of the services and
modifications described in paragraph
(a)(4) of this section, and the
anticipated frequency, location, and
duration of those services and
modifications.
(b) Transition services. Beginning
not later than the first IEP to be in
effect when the child turns 16, or
younger if determined appropriate
by the IEP Team, and updated
annually, thereafter, the IEP must
include
(1) Appropriate measurable
postsecondary goals based upon age
appropriate transition assessments
related to training, education,
employment, and, where
appropriate, independent living
skills; and
(2) The transition services (including
courses of study) needed to assist
the child in reaching those goals.
(c) Transfer of rights at age of
location, and duration of

services and modifications.
Evidence of
Compliance
300.320(b)
If the student is 16 or will turn 16
when the IEP is in effect, the IEP
includes:
1. Appropriate measurable
postsecondary goals.
2. Postsecondary goals based
upon age-appropriate
transition assessments
related to:
a. Training.
b. Education.
c. Employment.
d. Independent living skills,
if appropriate.
3. The course of study.
4. The transition services
needed to assist the student
in reaching postsecondary
goals.
5. If a student is younger than
16 and the IEP team
determines that the student
needs transition services,
items one through four are
included in the IEP.
300.320(c)
If the student turned 17 when the
IEP was in effect, the IEP includes
a statement that the student has
been informed of the special
education rights that will transfer
to the student upon reaching the
age of 18.

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Standard
Evidence of
Compliance
majority.
Beginning not later than one year
before the child reaches the age of
majority under State law, the IEP
must include a statement that the
child has been informed of the
childs rights under Part B of the Act,
if any, that will transfer to the child
on reaching the age of majority
under 300.520.
(d) Construction. Nothing in this
section shall be construed to
require
(1) That additional information be
included in a childs IEP beyond
what is explicitly required in section
614 of the Act; or
(2) The IEP Team to include
information under one component of
a childs IEP that is already
contained under another component
of the childs IEP.
IEP team.
300.321
(a) General. The public agency must
ensure that the IEP Team for each
child with a disability includes
(1) The parents of the child;
(2) Not less than one regular
education teacher of the child (if the
child is, or may be, participating in
the regular education environment);
(3) Not less than one special
education teacher of the child, or
where appropriate, not less than one
special education provider of the
child;
(4) A representative of the public
agency who
(i) Is qualified to provide, or
supervise the provision of, specially
designed instruction to meet the
unique needs of children with
disabilities;
(ii) Is knowledgeable about the
general education curriculum; and
(iii) Is knowledgeable about the
availability of resources of the public
agency.
(5) An individual who can interpret
the instructional implications of
evaluation results, who may be a
300.321(a)
The IEP team included:
1. The parent.
2. Not less than one general
education teacher of the
student if the student is, or
may be, participating in the
general education
environment.
3. Not less than one special
education teacher or provider
of the student.
4. A representative of the public
agency who:
a. Is qualified to provide, or
supervise the provision
of, specially designed
instruction to meet the
unique needs of children
with disabilities.
b. Is knowledgeable about
curriculum.
c. Is knowledgeable about
the availability of
resources of the public
agency.
5. An individual who can
Citation
member of the team described in
paragraphs (a)(2) through (a)(6) of
this section;
(6) At the discretion of the parent or
the agency, other individuals who
have knowledge or special expertise
regarding the child, including related
services personnel as appropriate;
and
(7) Whenever appropriate, the child
with a disability.
(b) Transition services participants.
(1) In accordance with paragraph
(a)(7) of this section, the public
agency must invite a child with a
disability to attend the childs IEP
Team meeting if a purpose of the
meeting will be the consideration of
the postsecondary goals for the child
and the transition services needed
to assist the child in reaching those
goals under 300.320(b).
(2) If the child does not attend the
IEP Team meeting, the public
agency must take other steps to
ensure that the childs preferences
and interests are considered.
(3) To the extent appropriate, with
the consent of the parents or a child
who has reached the age of
majority, in implementing the
requirements of paragraph (b)(1) of
this section, the public agency must
invite a representative of any
participating agency that is likely to
be responsible for providing or
paying for transition services.
(c) Determination of knowledge and
special expertise. The determination
of the knowledge or special
expertise of any individual described
in paragraph (a)(6) of this section
must be made by the party (parents
or public agency) who invited the
individual to be a member of the IEP
Team.
(d) Designating a public agency
representative. A public agency may
designate a public agency member
of the IEP Team to also serve as the
agency representative, if the criteria
in paragraph (a)(4) of this section
are satisfied.
Standard
Evidence of
Compliance
interpret the instructional

implications of evaluation
results.
6. Other individuals with
knowledge or special
expertise regarding the
student.
7. Whenever appropriate, the
student with a disability.
300.321(b)(1)
If the purpose of the meeting is
the consideration of the
postsecondary goals and the
transition services, the student
was invited to the IEP meeting.
300.321(b)(2)
If the student did not attend the
IEP, the public agency
documented the steps taken to
ensure that the students
preferences and interests were
considered.
300.321(b)(3)
1. Consent was obtained prior to
inviting a representative of
any agency responsible for
providing or paying for
transition services.
2. The public agency invited a
representative of any
participating agency that is
likely to be responsible for
providing or paying for
300.321(c)
The determination of the
knowledge or special expertise of
any individual was made by the
party who invited the individual
to be a member of the IEP team.
300.321(e)(1)
If an IEP team member was not
present at the IEP and their area
of the curriculum or related
services is not being modified or
discussed, there is an agreement
in writing by the parent and the
public agency that the attendance
Citation
(e) IEP Team attendance. (1) A
member of the IEP Team described
in paragraphs (a)(2) through (a)(5)
of this section is not required to
attend an IEP Team meeting, in
whole or in part, if the parent of a
child with a disability and the public
agency agree, in writing, that the
attendance of the member is not
necessary because the members
area of the curriculum or related
services is not being modified or
discussed in the meeting.
(2) A member of the IEP Team
described in paragraph (e)(1) of this
section may be excused from
attending an IEP Team meeting, in
whole or in part, when the meeting
involves a modification to or
discussion of the members area of
the curriculum or related services,
if
(i) The parent, in writing, and the
public agency consent to the
excusal; and
(ii) The member submits, in writing
to the parent and the IEP Team,
input into the development of the
IEP prior to the meeting.
(f) Initial IEP Team meeting for child
under Part C. In the case of a child
who was previously served under
Part C of the Act, an invitation to the
initial IEP Team meeting must, at
the request of the parent, be sent to
the Part C service coordinator or
other representatives of the Part C
system to assist with the smooth
transition of services.
Parent participation.
300.322
(a) Public agency responsibility
general. Each public agency must
take steps to ensure that one or
both of the parents of a child with a
disability are present at each IEP
Team meeting or are afforded the
opportunity to participate,
including
(1) Notifying parents of the meeting
early enough to ensure that they will
have an opportunity to attend; and
Standard
Evidence of
Compliance
of the member is not necessary.

300.321(e)(2)
If an IEP team member was not
present at the IEP and their area
of the curriculum or related
services is being modified or
discussed:
1. The parent and the public
agency consented in writing
to the excusal.
2. The team members input
was submitted prior to the
development of the IEP.
300.321(f)
If a child was previously served
under Part C, the Part C service
coordinator was invited to the
initial IEP when requested by the
parent.
300.322(a)(1)
The parent was notified early
enough to ensure the opportunity
to participate.
300.322(a)(2)
The meeting was scheduled at a
mutually agreed on time and
place.

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Standard
(2) Scheduling the meeting at a

mutually agreed on time and place.
(b) Information provided to parents.
(1) The notice required under
paragraph (a)(1) of this section
must
(i) Indicate the purpose, time, and
location of the meeting and who will
be in attendance; and
(ii) Inform the parents of the
provisions in 300.321(a)(6) and
(c) (relating to the participation of
other individuals on the IEP Team
who have knowledge or special
expertise about the child), and
300.321(f) (relating to the
participation of the Part C service
coordinator or other representatives
of the Part C system at the initial
IEP Team meeting for a child
previously served under Part C of
the Act).
(2) For a child beginning not later
than the first IEP to be in effect
when the child turns 16, or younger
if determined appropriate by the IEP
Team, the notice also must
(i) Indicate
(A) That a purpose of the meeting
will be the consideration of the
postsecondary goals and transition
services for the child, in accordance
with 300.320(b); and
(B) That the agency will invite the
student; and
(ii) Identify any other agency that
will be invited to send a
representative.
(c) Other methods to ensure parent
participation.
If neither parent can attend
an IEP Team meeting, the public
agency must use other methods to
ensure parent participation,
including individual or conference
telephone calls, consistent with
300.328 (related to alternative
means of meeting participation).
(d) Conducting an IEP Team
meeting without a parent in
attendance. A meeting may be
conducted without a parent in
attendance if the public agency is
300.322(b)(1)
Notification to the parent
included:
1. The purpose, time, and
location of the meeting.
2. Who would be in attendance.
3. A statement that a parent
could bring anyone with
knowledge or special
expertise about the student.
Evidence of
Compliance
300.322(b)(2)(i),(ii)
Prior to the students 16th
birthday, or younger if
determined by the IEP team,
notification indicates the
following:
1. The purpose of the meeting
would be the consideration of
the postsecondary goals and
2. The student was invited.
3. Identification of any other
agency that was invited.
300.322(c)
If neither parent could attend,
the public agency attempted to
use other methods to ensure
parent participation.
300.322(d)
If the IEP team meeting is
conducted without the parent in
attendance, the public agency
documented their record of
attempts to include the parent.
300.322(e)
If an interpreter is necessary for
a parents participation in a
meeting, the public agency
arranged for an appropriate
interpreter.
300.322(f)
The parent was given a copy of
the IEP at no cost.

Citation
Standard
Evidence of
Compliance
unable to convince the parents that

they should attend. In this case, the
public agency must keep a record of
its attempts to arrange a mutually
agreed on time and place, such as
(1) Detailed records of telephone
calls made or attempted and the
results of those calls;
(2) Copies of correspondence sent to
the parents and any responses
received; and
(3) Detailed records of visits made
to the parents home or place of
employment and the results of those
visits.
(e) Use of interpreters or other
action, as appropriate. The public
agency must take whatever action is
necessary to ensure that the parent
understands the proceedings of the
IEP Team meeting, including
arranging for an interpreter for
parents with deafness or whose
native language is other than
English.
(f) Parent copy of childs IEP. The
public agency must give the parent
a copy of the childs IEP at no cost
to the parent.
When IEPs must be in effect.
300.323
(a) General. At the beginning of
each school year, each public
agency must have in effect, for each
child with a disability within its
jurisdiction, an IEP, as defined in
300.320.
(b) IEP or IFSP for children aged
three through five. (1) In the case of
a child with a disability aged three
through five (or, at the discretion of
the SEA, a two-year-old child with a
disability who will turn age three
during the school year), the IEP
Team must consider an IFSP that
contains the IFSP content (including
the natural environments statement)
described in section 636(d) of the
Act and its implementing regulations
(including an educational component
that promotes school readiness and
incorporates pre-literacy, language,
300.323(a)
The student has an IEP in effect
at the beginning of each school
year.
300.323(b)
If a student was eligible for
special education programs or
services prior to his or her third
birthday, an IEP was developed
prior to the third birthday.
The use of an IFSP as an IEP
after a childs third birthday is not
allowed under the MARSE.
300.323(c)
See R 340.1721b for Michigan
time lines for IEP development.

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Standard
and numeracy skills for children with

IFSPs under this section who are at
least three years of age), and that is
developed in accordance with the
IEP procedures under this part. The
IFSP may serve as the IEP of the
child, if using the IFSP as the IEP
is
(i) Consistent with State policy; and
(ii) Agreed to by the agency and the
childs parents.
requirements of paragraph (b)(1) of
this section, the public agency
must
(i) Provide to the childs parents a
detailed explanation of the
differences between an IFSP and an
IEP; and
(ii) If the parents choose an IFSP,
obtain written informed consent
from the parents.
(c) Initial IEPs; provision of
services. Each public agency must
ensure that(1) A meeting to
develop an IEP for a child is
conducted within 30 days of a
determination that the child needs
services; and
(2) As soon as possible following
development of the IEP, special
education and related services are
made available to the child in
accordance with the childs IEP.
(d) Accessibility of childs IEP to
teachers and others.
that
(1) The childs IEP is accessible to
each regular education teacher,
special education teacher, related
services provider, and any other
service provider who is responsible
for its implementation; and
(2) Each teacher and provider
described in paragraph (d)(1) of this
section is informed of
(i) His or her specific responsibilities
related to implementing the childs
IEP; and
(ii) The specific accommodations,
modifications, and supports that
300.323(d)
1. The students IEP is
accessible to each general
education teacher, special
education teacher, related
services provider, and any
other service provider who is
responsible for its
implementation.
2. All service providers are
informed of the following:
a. Their specific
responsibilities related to
implementing the
students IEP.
b. The specific
accommodations,
modifications, and
supports that must be
provided for the student.
Evidence of
Compliance
300.323(e)
If the student with a disability
transferred to a new public
agency in the same state and
enrolls in a new school within the
same school year, the new public
agency:
1. Consulted with the parent.
2. Provided FAPE to the student,
and either
a. Adopted the students IEP
from the previous public
agency; or
b. Developed, adopted, and
implemented a new IEP.
300.323(f)
If the student with a disability
transferred to a public agency in
a new state and enrolls in a new
school within the same school
year, the new public agency:
1. Consulted with the parent.
2. Provided notice to the parent.
3. Provided the child with FAPE
until the new public agency:
a. Reviewed existing
evaluation data.
b. Conducted an initial
evaluation, if determined
necessary.
c. Determined eligibility
Citation
must be provided for the child in
accordance with the IEP.
(e) IEPs for children who transfer
public agencies in the same State. If
a child with a disability (who had an
IEP that was in effect in a previous
public agency in the same State)
transfers to a new public agency in
the same State, and enrolls in a new
school within the same school year,
the new public agency (in
consultation with the parents)
must provide FAPE to the child
(including services comparable to
those described in the childs IEP
from the previous public agency),
until the new public agency either
(1) Adopts the childs IEP from the
previous public agency; or
(2) Develops, adopts, and
implements a new IEP that meets
the applicable requirements in
300.320 through 300.324.
(f) IEPs for children who transfer
from another State. If a child with a
disability (who had an IEP that was
in effect in a previous public agency
in another State) transfers to a
public agency in a new State, and
enrolls in a new school within the
same school year, the new public
agency (in consultation with the
parents) must provide the child with
FAPE (including services comparable
to those described in the childs IEP
from the previous public agency),
until the new public agency
(1) Conducts an evaluation pursuant
to 300.304 through 300.306 (if
determined to be necessary by the
new public agency); and
(2) Develops, adopts, and
implements a new IEP, if
appropriate, that meets the
applicable requirements in
300.320 through 300.324.
(g) Transmittal of records. To
facilitate the transition for a child
described in paragraphs (e) and (f)
of this section
(1) The new public agency in which
the child enrolls must take
reasonable steps to promptly obtain
Standard
d.
Evidence of
Compliance
according to Michigan
rules.
Developed, adopted, and
implemented a new IEP,
if appropriate.
300.323(g)
1. The new public agency took
reasonable steps to promptly
obtain the students records.
2. The previous public agency
took reasonable steps to
promptly respond to the
request from the new public
agency.

Citation
Standard
Evidence of
Compliance
the childs records, including the IEP

and supporting documents and any
other records relating to the
provision of special education or
related services to the child, from
the previous public agency in which
the child was enrolled, pursuant to
34 CFR 99.31(a)(2); and (2) The
previous public agency in which the
child was enrolled must take
reasonable steps to promptly
respond to the request from the new
public agency.
Development, review, and
revision of IEP.
300.324
(a) Development of IEP(1)
General. In developing each childs
IEP, the IEP Team must consider
(i) The strengths of the child;
(ii) The concerns of the parents for
enhancing the education of their
child;
(iii) The results of the initial or most
recent evaluation of the child; and
(iv) The academic, developmental,
and functional needs of the child.
(2) Consideration of special factors.
The IEP Team must
(i) In the case of a child whose
behavior impedes the childs
learning or that of others, consider
the use of positive behavioral
interventions and supports, and
other strategies, to address that
behavior;
(ii) In the case of a child with limited
English proficiency, consider the
language needs of the child as those
needs relate to the childs IEP;
(iii) In the case of a child who is
blind or visually impaired, provide
for instruction in Braille and the use
of Braille unless the IEP Team
determines, after an evaluation of
the childs reading and writing skills,
needs, and appropriate reading and
writing media (including an
evaluation of the childs future needs
for instruction in Braille or the use of
Braille), that instruction in Braille or
the use of Braille is not appropriate
300.324(a)(1)
The IEP documented the
consideration of the following:
1. The strengths of the student.
2. The educational concerns of
the parents.
3. The results of the initial or
most recent evaluation of the
student.
4. The academic,
developmental, and
functional needs of the
student.
300.324(a)(2)
The IEP documented
consideration of the following:
1. Positive behavioral
interventions and supports,
and other strategies, to
address the needs of students
whose behavior impedes
learning or the learning of
others.
2. The language needs for
students with limited English
proficiency.
3. The need for Braille
instruction or the use of
Braille for a student who is
blind or visually impaired.
4. The communication needs of
a student who is deaf or hard
of hearing; and
communication needs for
direct communications with
Citation
Standard
for the child;

(iv) Consider the communication
needs of the child, and in the case of
a child who is deaf or hard of
hearing, consider the childs
language and communication needs,
opportunities for direct
communications with peers and
professional personnel in the childs
language and communication mode,
academic level, and full range of
needs, including opportunities for
direct instruction in the childs
language and communication mode;
and
(v) Consider whether the child needs
assistive technology devices and
services.
(3) Requirement with respect to
regular education teacher. A regular
education teacher of a child with a
disability, as a member of the IEP
Team, must, to the extent
appropriate, participate in the
development of the IEP of the child,
including the determination of
(i) Appropriate positive behavioral
interventions and supports and
other strategies for the child; and
(ii) Supplementary aids and
services, program modifications, and
support for school personnel
consistent with 300.320(a)(4).
(4) Agreement. (i) In making
changes to a childs IEP after the
annual IEP Team meeting for a
school year, the parent of a child
with a disability and the public
agency may agree not to convene
an IEP Team meeting for the
purposes of making those changes,
and instead may develop a written
document to amend or modify the
childs current IEP.
(ii) If changes are made to the
childs IEP in accordance with
paragraph (a)(4)(i) of this section,
the public agency must ensure that
the childs IEP Team is informed of
those changes.
(6) Amendments. Changes to the
IEP may be made either by the
entire IEP Team at an IEP Team
peers and professional

personnel in the childs
language and communication
mode.
5. The use of assistive
technology devices and
services for the student.
Evidence of
Compliance
300.324(a)(3)
A general education teacher
participated in the development
of the IEP in the following areas:
1. Determination of appropriate
positive behavioral
interventions and supports.
2. Supplementary aids and
services.
3. Program modifications.
4. Support for school personnel.
300.324(a)(4)
If changes were made by
amendment to a students IEP
after the annual IEP meeting:
1. There is documentation that
the parent and the public
agency agreed not to
convene an IEP team
meeting.
2. The IEP team was informed of
the changes.
300.324(a)(6)
If the parent requests a copy, of
the amended IEP with the
amendments incorporated, a
copy was provided.
300.324(b)(1),(2)
1. The IEP is current and not
more than one year old.
2. The IEP team was convened
to consider:
a. Any lack of progress
toward annual goals or in
curriculum.
b. The results of any
reevaluation.
c. Information provided to
or by the parents.
d. The students anticipated
needs.
Citation
meeting, or as provided in
paragraph (a)(4) of this section, by
amending the IEP rather than by
redrafting the entire IEP. Upon
request, a parent must be provided
with a revised copy of the IEP with
the amendments incorporated.
(b) Review and revision of IEPs(1)
General. Each public agency must
ensure that, subject to paragraphs
(b)(2) and (b)(3) of this section, the
IEP Team
(i) Reviews the childs IEP
periodically, but not less than
annually, to determine whether the
annual goals for the child are being
achieved; and
(ii) Revises the IEP, as appropriate,
to address
(A) Any lack of expected progress
toward the annual goals described in
300.320(a)(2), and in the general
education curriculum, if appropriate;
(B) The results of any reevaluation
conducted under 300.303;
(C) Information about the child
provided to, or by, the parents, as
described under 300.305(a)(2);
(D) The childs anticipated needs; or
(E) Other matters.
(2) Consideration of special factors.
In conducting a review of the childs
IEP, the IEP Team must consider the
special factors described in
paragraph (a)(2) of this section.
(3) Requirement with respect to
regular education teacher. A regular
education teacher of the child, as a
member of the IEP Team, must,
consistent with paragraph (a)(3) of
this section, participate in the review
and revision of the IEP of the child.
(c) Failure to meet transition
objectives
(1) Participating agency failure. If
a participating agency, other than
the public agency, fails to provide
the transition services described in
the IEP in accordance with
300.320(b), the public agency
must reconvene the IEP Team to
identify alternative strategies to
meet the transition objectives for
Standard
e.
f.
Evidence of
Compliance
Any other matters.

The special factors listed
in (a)(2) above.
300.324(b)(3)
A general education teacher
participated in the review and
revision of the students IEP.
300.324(c)(1)
If a participating agency failed to
provide transition services, the
IEP team was reconvened to
identify alternative strategies to
meet the transition objectives.

Citation
Standard
Evidence of
Compliance
the child set out in the IEP.

(2) Construction. Nothing in this
part relieves any participating
agency, including a State vocational
rehabilitation agency, of the
responsibility to provide or pay for
any transition service that the
agency would otherwise provide to
children with disabilities who meet
the eligibility criteria of that agency.
(d) Children with disabilities in adult
prisons(1) Requirements that do
not apply. The following
requirements do not apply to
children with disabilities who are
convicted as adults under State law
and incarcerated in adult prisons:
(i) The requirements contained in
section 612(a)(16) of the Act and
300.320(a)(6) (relating to
participation of children with
disabilities in general assessments).
(ii) The requirements in
300.320(b) (relating to transition
planning and transition services) do
not apply with respect to the
children whose eligibility under Part
B of the Act will end, because of
their age, before they will be eligible
to be released from prison based on
consideration of their sentence and
eligibility for early release.
(2) Modifications of IEP or
placement.
(i) Subject to paragraph (d)(2)(ii) of
this section, the IEP Team of a child
with a disability who is convicted as
an adult under State law and
incarcerated in an adult prison may
modify the childs IEP or placement
if the State has demonstrated a
bona fide security or compelling
penological interest that cannot
otherwise be accommodated.
(ii) The requirements of
300.320 (relating to IEPs), and
300.112 (relating to LRE), do not
apply with respect to the
modifications described in paragraph
(d)(2)(i) of this section.

Citation
Educational placements.
300.327
Consistent with 300.501(c), each
public agency must ensure that the
parents of each child with a
disability are members of any group
that makes decisions on the
educational placement of their child.
Surrogate parents.
300.519
(a) General. Each public agency
must ensure that the rights of a
child are protected when
(1) No parent (as defined in
300.30) can be identified;
(2) The public agency, after
reasonable efforts, cannot locate a
parent;
(3) The child is a ward of the State
under the laws of that State; or
(4) The child is an unaccompanied
homeless youth as defined in section
725(6) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C.
11434a(6)).
(b) Duties of public agency. The
duties of a public agency under
paragraph (a) of this section include
the assignment of an individual to
act as a surrogate for the parents.
This must include a method
(1) For determining whether a child
needs a surrogate parent; and
(2) For assigning a surrogate parent
to the child.
(c) Wards of the State. In the case
of a child who is a ward of the State,
the surrogate parent alternatively
may be appointed by the judge
overseeing the childs case, provided
that the surrogate meets the
requirements in paragraphs (d)(2)(i)
and (e) of this section.
(d) Criteria for selection of surrogate
parents. (1) The public agency may
select a surrogate parent in any way
permitted under State law.
(2) Public agencies must ensure that
a person selected as a surrogate
parent
(i) Is not an employee of the SEA,
Standard
Evidence of
Compliance
300.327
Public agency ensures that the
parent of each student with a
disability is a member of any
group that makes decisions on
the educational placement of
their child.
300.519(a)
that the rights of a student are
protected when:
1. No parent can be identified;
2. The public agency, after
reasonable efforts, cannot
locate a parent;
3. The student is a ward of the
state under the laws of that
state; or
4. The student is an
unaccompanied homeless
youth.
300.519(b)
The public agency has a method
for:
1. Determining whether a
student needs a surrogate
parent.
2. Assigning a surrogate parent
to the student.
300.519(d)(e)
Any surrogate assigned to a
student meets the following
criteria:
1. Is not an employee of the
state educational agency, the
local educational agency, or
any other agency that is
involved in the education or
care of the student.
2. Has no personal or
professional interest that
conflicts with the interest of
the student.
3. Has knowledge and skills that
ensure adequate
representation of the student.
Citation
the LEA, or any other agency that is
involved in the education or care of
the child;
(ii) Has no personal or professional
interest that conflicts with the
interest of the child the surrogate
parent represents; and
(iii) Has knowledge and skills that
ensure adequate representation of
the child.
(e) Non-employee requirement;
compensation. A person otherwise
qualified to be a surrogate parent
under paragraph (d) of this section
is not an employee of the agency
solely because he or she is paid by
the agency to serve as a surrogate
parent.
(f) Unaccompanied homeless youth.
In the case of a child who is an
unaccompanied homeless youth,
appropriate staff of emergency
shelters, transitional shelters,
independent living programs, and
street outreach programs may be
appointed as temporary surrogate
parents without regard to paragraph
(d)(2)(i) of this section, until a
surrogate parent can be appointed
that meets all of the requirements of
paragraph (d) of this section.
(g) Surrogate parent responsibilities.
The surrogate parent may represent
the child in all matters relating to
(1) The identification, evaluation,
and educational placement of the
child; and (2) The provision of FAPE
to the child.
(h) SEA responsibility. The SEA must
make reasonable efforts to ensure
the assignment of a surrogate
parent not more than 30 days after
a public agency determines that the
child needs a surrogate parent.
Transfer of parental rights at the
age of majority.
300.520
(a) General. A State may provide
that, when a child with a disability
reaches the age of majority under
State law that applies to all children
(except for a child with a disability
Standard
Evidence of
Compliance
4. Is not an employee of the

agency.
300.519(h)
The public agency made
reasonable efforts to assign a
surrogate parent not more than
30 days after a public agency
determined that the student
needed a surrogate parent.
300.520(a)
1. By age 17 the public agency
has notified the student and
the parents of the transfer of
rights at age 18.
Citation
who has been determined to be
incompetent under State law)
(1)(i) The public agency must
provide any notice required by this
part to both the child and the
parents; and (ii) All rights accorded
to parents under Part B of the Act
transfer to the child;
(2) All rights accorded to parents
under Part B of the Act transfer to
children who are incarcerated in an
adult or juvenile, State or local
correctional institution; and
(3) Whenever a State provides for
the transfer of rights under this part
pursuant to paragraph (a)(1) or
(a)(2) of this section, the agency
must notify the child and the
parents of the transfer of rights.
(b) Special rule. A State must
establish procedures for appointing
the parent of a child with a
disability, or, if the parent is not
available, another appropriate
individual, to represent the
educational interests of the child
throughout the period of the childs
eligibility under Part B of the Act if,
under State law, a child who has
reached the age of majority, but has
not been determined to be
incompetent, can be determined not
to have the ability to provide
informed consent with respect to the
childs educational program.
Time lines.
R 340.1721b
Rule 21b. (1) Within 10 school days
of receipt of a written request for
any evaluation, the public agency
shall provide the parent with written
notice consistent with 34 CFR
300.503 and shall request written
parental consent to evaluate. The
time from receipt of parental
consent for an evaluation to the
notice of an offer of a free
appropriate public education or the
determination of ineligibility shall
not be more than 30 school days.
This timeline begins upon receipt of
the signed parental consent by the
Standard
Evidence of
Compliance
2. Any notice required by this

part was sent to both the
student and the parent after
the students 18th birthday.
3. When a student is
incarcerated in an adult or
juvenile state or local
correctional institution all
rights accorded by Part B to
the parent are transferred to
the student.
R 340.1721b(1)
1. Notice in accordance with
300.503 was provided to
the parent within 10 school
days of a written request for
any evaluation.
2. Request for consent was
requested from the parent
within 10 school days of
written request for any
evaluation.
3. Notice of an offer of FAPE or
determination of ineligibility
was provided not more than
30 school days from the
Citation
Standard
public agency requesting the

consent. This time line may be
extended if agreed to by the parent
and public agency. Any extension to
this time line shall be both of the
following:
(a) In writing.
(b) Measured in school days.
(2) The parent has 10 school days
after receipt of the notice of an
initial offer of a free appropriate
public education to provide the
public agency with written parental
consent to provide initial special
education programs and services.
(3) Within 7 school days from the
date of the individualized education
program team meeting, the public
agency shall provide the parent with
the notice of an offer of a free
appropriate public education or
determination of ineligibility. The
public agency shall document mode
and date of delivery. The notice shall
identify where the programs and
services are to be provided and
when the individualized education
program begins.
(4) Unless a parent has filed an
appeal under R 340.1724f, the
public agency, as defined under 34
CFR 300.33, shall initiate a
proposed special education
individualized education program as
soon as possible and not more than
15 school days after the parents
receipt of written notification under
R 340.1721b(3), or not more than
15 school days after receipt of
written parental consent under R
340.1721b(2). The parties may
agree to a later initiation date if the
later date is clearly identified in the
individualized education program.
An initiation date later than 15
school days shall not be used to
deny or delay programs or services
because they are unavailable and
shall not be used for purposes of
administrative convenience.
(5) For students with an
individualized education program in
effect at a previous public agency
receipt of parent consent for

an evaluation.
4. If an extension to the
evaluation time lines was
agreed to by the parent and
public agency, the extension
to this time line is in writing
and measured in school days.
Evidence of
Compliance
R 340.1721b(2)
If the parent did not provide
written parental consent to the
initial provision of services within
10 school days, the public agency
provided notice that the IEP
would not be implemented.
R 340.1721b(3)
1. Notice of offer of FAPE was
provided to the parent within
seven school days from the
date of the IEP team
meeting.
2. The mode and date of
delivery of the notice was
documented.
3. Notice of offer of FAPE
included:
a. Where the programs and
services are to be
provided.
b. When the IEP begins.
R 340.1721b(4)
1. The IEP began not more than
15 school days after the
parents receipt of the notice
of an offer of FAPE.
2. If the parties agreed to a
later initiation date, the IEP
clearly identifies the initiation
date.
3. Programs or services are not
delayed because they are
unavailable or for
administrative convenience.
R 340.1721b(5)
If a student with an IEP in effect
at a previous public agency
transferred to another public
agency within the same school
year:
Citation
who transfer public agencies within
the same school year, the new
public agency shall immediately
provide a free appropriate public
education. A decision regarding
implementation of an individualized
education program in accordance
with 34 CFR 300.323 shall be
made within 30 school days of
enrollment.
Individualized education
program.
R 340.1721e
Rule 21e. (1) An individualized
education program shall be
developed in accordance with
34 CFR part 300 and shall include all
of the following in writing:
(a) A statement of measurable
annual goals, including measurable
short-term objectives.
(b) A statement documenting that
extended school year services were
considered.
(c) For children age 3 through 5, a
statement of the childs socialization
needs and ability to participate and
progress in developmentally
appropriate activities.
(2) In considering extended school
year services, the individualized
education program team shall do all
of the following:
(a) Determine if a student's current
annual goals address 1 or more
skills that need extended school
year services. For any identified
annual goal, the individualized
education program team shall
consider all of the following:
(i) Data that indicate that in the
identified annual goal there is a
potential for regression of skills
beyond a reasonable period of
recoupment.
(ii) Data regarding the nature or
severity of the disability of the
student that indicates that there is a
need to provide services in the
identified annual goal during breaks
in the school year.
(iii) Information that indicates that
Standard
Evidence of
Compliance
1. The new public agency

immediately provided FAPE.
2. A decision regarding
implementation of an IEP in
was made within 30 school
days of enrollment.
R 340.1721e(1)
IEP includes the following in
writing:
1. At least two measurable
annual goals.
2. At least two measurable
short-term objectives.
3. Documentation that extended
school year services were
considered.
4. If the IEP is for a child ages 3
through 5, the childs
socialization needs and ability
to participate and progress in
developmentally appropriate
activities.
R 340.1721e(2)(a)
1. When considering extended
school year services, the IEP
team determined if a
student's current annual
goals address one or more
skills that need extended
school year services.
2. For each annual goal
identified as needing
extended school year
services, the IEP team
considered:
a. Data that indicated there
is a potential for
regression of skills
beyond a reasonable
period of recoupment.
b. Data regarding the nature
or severity of the
disability of the student
that documented a need
Citation
in the identified annual goal the
student is at a critical stage of
learning or in a critical area of
learning where failure to provide a
service beyond the normal school
year will severely limit the student's
capacity to acquire essential skills.
(b) If the individualized education
program team determines that the
data or information in any of subrule
(2)(a)(i) to (iii) of this rule indicate a
need for extended school year
services, then extended school year
services shall be included in the
student's individualized education
program.
(c) Determination of the need for
extended school year services shall
not be based on a formula or policy
that prohibits full consideration of
the unique educational needs of
each student.
(d) Related services, transportation,
supplementary aids and services,
and instructional programming shall
be considered when planning a
students extended school year
services.
(e) Consideration of extended school
year services shall be accomplished
in sufficient time to make plans for
the delivery of extended school year
services.
(3) Any participant in the
team's deliberations who disagrees,
in whole or in part, with the team's
determination may indicate the
reasons on the team's individualized
education program report or may
submit a written statement to be
attached to the report.
(4) The individualized education
program team shall determine the
programs and services for a student
with a disability in accordance with
34 CFR part 300. The individualized
education program shall not be
restricted to the programs and
services available.
(5) The Michigan school for the deaf
shall be considered a part of the
total continuum of services for
Standard
c.
Evidence of
Compliance
to provide services during

breaks in the school year.
Any indication that the
student is at a critical
stage of learning or in a
critical area of learning
where failure to provide a
service beyond the
normal school year will
severely limit the
student's capacity to
acquire essential skills.
R 340.1721e(2)(b),(c),(d),(e)
The IEP team:
1. Included extended school
year services in the students
IEP when determined
necessary.
2. Did not determine the need
for extended school year
services based on a formula
or policy that prohibits full
consideration of the unique
educational needs of each
student.
3. Considered related services,
transportation,
supplementary aids and
services, and instructional
programming when planning
a students extended school
year services.
4. Considered extended school
year services in sufficient
time to make plans for the
delivery of extended school
year services.
R 340.1721e(4)
1. The IEP team determined the
programs and services.
2. The IEP was not restricted to
the programs and services
available.
R 340.1721e(5)
1. If the student is deaf or hard
of hearing, the Michigan
School for the Deaf was
considered a part of the total
continuum of services.
2. If the student attends
Citation
students who are deaf or hard of
hearing. The resident district shall
conduct the individualized education
program team meeting that initiates
an assignment into the Michigan
school for the deaf. Representatives
of the intermediate school district of
residence and the Michigan school
for the deaf shall be invited to
participate in the individualized
education program team meeting.
(6) The school district of residence is
responsible for conducting the initial
team meeting involving a student in
its district and shall conduct, or
authorize the operating district to
conduct, each subsequent
team meeting at a mutually agreed
upon time and place.
(7) Upon request of the parent, a
representative of the school district
of residence shall be invited to
attend the individualized education
program team meeting if the district
of residence has authorized the
operating district to conduct each
subsequent individualized education
program team meeting.
District responsibilities.
R 340.1722
Rule 22. (1) The superintendent or
his or her designee shall appoint a
staff person to be responsible for the
implementation of the individualized
education program, including
services provided by other agencies.
(2) The staff person responsible for
the implementation of the
shall be either of the following:
(a) The principal of the building
where the primary educational
program is provided to the student
Standard
Evidence of
Compliance
Michigan School for the Deaf:

a. The resident district
conducted the IEP team
meeting that initiated the
assignment into the
Michigan School for the
Deaf.
b. The invitation to the IEP
team meeting that
initiated assignment into
the Michigan School for
the Deaf included
representatives of the
intermediate school
district of residence and
the Michigan School for
the Deaf.
R 340.1721e(6)
1. The resident school district
conducted the initial IEP.
2. The resident district
conducted subsequent IEP
team meetings or authorized
the operating district to
conduct the meetings.
3. Meetings are held at a
mutually agreed on time and
place.
R 340.1721e(7)
If a parent requests attendance
of a representative of the
resident school district, the
resident district was included on
the invitation to the IEP team
meeting.
R 340.1722(1)
1. The public agency appointed
a staff person to be
responsible for the
implementation of the IEP,
including services provided by
other agencies.
2. The staff person responsible
for the implementation of the
IEP is either:
a. The principal of the
building where the
primary educational
Citation
with an individualized education
program.
(b) Another staff person who is
generally accessible to the staff and
who will be working with the
student.
(3) Each public agency shall provide
services to a student in accordance
with the student's individualized
education program.
Standard
b.
Evidence of
Compliance
program is provided to
the student with an IEP.
A staff person who is
generally accessible to
the staff and who will be
working with the student.
R 340.1722(2)
1. All programs and services
were implemented according
to the IEP.
2. The provision of all programs
and services were
documented.

Programs and Services: Page IV-1
Citation
Standard
Evidence of
Compliance
IV. Programs and Services

Physical education.
300.108
The State must ensure that public
agencies in the State comply with
the following:
(a) General. Physical education
services, specially designed if
necessary, must be made available
to every child with a disability
receiving FAPE, unless the public
agency enrolls children without
disabilities and does not provide
physical education to children
without disabilities in the same
grades.
(b) Regular physical education. Each
child with a disability must be
afforded the opportunity to
participate in the regular physical
education program available to
nondisabled children unless
(1) The child is enrolled full time in a
separate facility; or
(2) The child needs specially
designed physical education, as
prescribed in the childs IEP.
(c) Special physical education. If
specially designed physical
education is prescribed in a childs
IEP, the public agency responsible
for the education of that child must
provide the services directly or make
arrangements for those services to
be provided through other public or
private programs.
(d) Education in separate facilities.
The public agency responsible for
the education of a child with a
disability who is enrolled in a
separate facility must ensure that
the child receives appropriate
physical education services in
compliance with this section.
Routine checking of hearing aids
and external components of
surgically implanted medical
devices.
300.113
(a) Hearing aids. Each public agency
must ensure that hearing aids worn
300.108(a)
Physical education services are
made available to every student
with a disability, unless the public
agency enrolls students without
disabilities and does not provide
physical education to students
without disabilities in the same
grades.
300.108(b)
Each student with a disability is
participate in the regular physical
education program unless:
1. The student is enrolled full
time in a separate facility; or
2. The student needs specially
designed physical education,
as prescribed in the students
IEP.
300.108(c)
If specially designed physical
education is required by a
students IEP, the public agency
responsible for the education of
that student provides the services
directly or makes arrangements
for those services to be provided
through other public or private
programs.
300.108(d)
If the student is enrolled in a
separate facility, the public
agency ensures that the student
receives appropriate physical
education services.
300.113
The public agency ensures that
Citation
in school by children with hearing
impairments, including deafness, are
functioning properly.
(b) External components of
devices. (1) Subject to paragraph
(b)(2) of this section, each public
agency must ensure that the
external components of surgically
implanted medical devices are
(2) For a child with a surgically
implanted medical device who is
receiving special education and
related services under this part, a
public agency is not responsible for
the post-surgical maintenance,
programming, or replacement of the
medical device that has been
surgically implanted (or of an
external component of the surgically
implanted medical device).
LRE requirements.
300.114
(a) General. (1) Except as provided
in 300.324(d)(2) (regarding
children with disabilities in adult
prisons), the State must have in
effect policies and procedures to
ensure that public agencies in the
State meet the LRE requirements of
this section and 300.115 through
300.120.
(2) Each public agency must ensure
that
(i) To the maximum extent
appropriate, children with
disabilities, including children in
public or private institutions or other
care facilities, are educated with
children who are nondisabled; and
(ii) Special classes, separate
schooling, or other removal of
children with disabilities from the
regular educational environment
occurs only if the nature or severity
of the disability is such that
education in regular classes with the
use of supplementary aids and
services cannot be achieved
satisfactorily.
(b) Additional requirementState
Standard
Evidence of
Compliance
the following are functioning

properly:
1. Hearing aids worn by
students.
2. External components of
devices.
300.114(a)
The public agency has policies
and procedures that meet the
LRE requirements of 300.114
through 300.120 and ensure the
following:
1. To the maximum extent
appropriate, students with
disabilities, including students
in public or private
institutions or other care
facilities, are educated with
students who are
nondisabled.
2. Special classes, separate
schooling, or other removal of
students with disabilities from
environment occurs only if
the nature or severity of the
disability is such that
education in regular classes
with the use of
supplementary aids and
services cannot be achieved
satisfactorily.

Citation
Standard
Evidence of
Compliance
funding mechanism(1) General. (i)

A State funding mechanism must
not result in placements that violate
the requirements of paragraph (a) of
this section; and
(ii) A State must not use a funding
mechanism by which the State
distributes funds on the basis of the
type of setting in which a child is
served that will result in the failure
to provide a child with a disability
FAPE according to the unique needs
of the child, as described in the
childs IEP.
(2) Assurance. If the State does not
have policies and procedures to
ensure compliance with paragraph
(b)(1) of this section, the State
must provide the Secretary an
assurance that the State will revise
the funding mechanism as soon as
feasible to ensure that the
mechanism does not result in
placements that violate that
paragraph.
Continuum of alternative
placements.
300.115
(a) Each public agency must ensure
that a continuum of alternative
placements is available to meet the
needs of children with disabilities for
services.
(b) The continuum required in
paragraph (a) of this section must
(1) Include the alternative
placements listed in the definition of
special education under 300.38
(instruction in regular classes,
special classes, special schools,
home instruction, and instruction in
hospitals and institutions); and
(2) Make provision for
supplementary services (such as
resource room or itinerant
instruction) to be provided in
conjunction with regular class
placement.
300.115(a),(b)
The public agency provides a
continuum of alternative
placements including:
1. Instruction in general
education classes.
2. Special classes.
3. Special schools.
4. Home instruction.
5. Instruction in hospitals and
institutions.
300.115(b)(2)
The public agency makes
provisions for supplementary
services (such as resource room
or itinerant instruction) to be
provided in conjunction with
general education class
placement.

Citation
Placements.
300.116
In determining the educational
placement of a child with a
disability, including a preschool child
with a disability, each public agency
must ensure that
(a) The placement decision
(1) Is made by a group of persons,
including the parents, and other
persons knowledgeable about the
child, the meaning of the evaluation
data, and the placement options;
and
(2) Is made in conformity with the
LRE provisions of this subpart,
including 300.114 through
300.118;
(b) The childs placement
(1) Is determined at least annually;
(2) Is based on the childs IEP; and
(3) Is as close as possible to the
childs home;
(c) Unless the IEP of a child with a
disability requires some other
arrangement, the child is educated
in the school that he or she would
attend if nondisabled;
(d) In selecting the LRE,
consideration is given to any
potential harmful effect on the child
or on the quality of services that he
or she needs; and
(e) A child with a disability is not
removed from education in ageappropriate regular classrooms
solely because of needed
modifications in the general
Occupational therapy, definition.
R 340.1701b(c)
Occupational therapy means
therapy provided by an occupational
therapist or an occupational therapy
assistant who provides therapy
under the supervision of a licensed
occupational therapist. Occupational
therapist and occupational therapy
assistants are licensed by the state
of Michigan under 1978 PA 368,
MCL 333.1101 et seq.
Standard
Evidence of
Compliance
300.116
Placement decisions meet the
following criteria:
1. Made by a group of persons,
including the parent and
other persons knowledgeable
about the student, the
meaning of the evaluation
data, and the placement
options.
2. Use evaluation data.
3. Conform with the LRE
provisions in 300.114
through 300.118.
4. Are determined annually.
5. Are based on the students
IEP.
6. Are as close to the students
home as possible.
7. In the school that the student
would attend if nondisabled,
unless the IEP of a student
with a disability requires
some other arrangement.
8. Consider any potentially
harmful effect on the student
or on the quality of services.
9. Students are not removed
from age-appropriate general
education classrooms based
solely on needed
modifications in the general
R 340.1701b(c)
1. The occupational therapy
provider is licensed by the
state of Michigan.
2. An occupational therapy
assistant provides therapy
under the supervision of a
licensed occupational
therapist.

Citation
Physical therapy, definition.
R 340.1701b(f)
Physical therapy means therapy
prescribed by a physician and
provided by a therapist who is
licensed by the state of Michigan
under 1978 PA 368, MCL 333.1101
et seq. or a physical therapy
assistant who provides therapy
under the supervision of a licensed
physical therapist.
Programs and service
requirements.
R 340.1733
Rule 33. An intermediate school
district, local school district, public
school academy, and any other
agency shall adhere to all of the
following general requirements for
all programs and services for
students with disabilities:
(a) Special education classrooms or
areas where related services are
provided shall have at least the
same average number of square feet
per student, light, ventilation, and
heat conditions as provided for
general education students in the
school district.
(b) Programs for students with
severe cognitive impairment and
severe multiple impairments which
have students under 16 years of age
shall not exceed a 6-year age span
at any 1 time.
(c) All other special education
programs which have students
under 16 years of age and which are
operated in separate facilities shall
not exceed a 4-year age span at any
1 time.
(d) The age span for students who
are assigned to special education
programs, except for programs for
students with severe cognitive
impairment and severe multiple
impairments, operated in
elementary buildings attended by
children who are nondisabled, shall
not exceed, at any 1 time, a 6-year
age span or the age span of the
Standard
Evidence of
Compliance
R 340.1701b(f)
1. The physical therapy provider
is licensed by the state of
Michigan.
2. A physical therapy assistant
provides therapy under the
supervision of a licensed
physical therapist.
3. Physical therapy is prescribed
by a physician.
R 340.1733(a)
Special education classrooms
have the same physical
conditions as general education
classrooms including:
1. The same average number of
square feet per student.
2. Light.
3. Ventilation.
4. Heat conditions.
R 340.1733(b)
Programs for students with a
severe cognitive impairment or
severe multiple impairments do
not exceed a six-year age span.
R 340.1733(c)
In all other special education
programs which have students
under 16 years of age and are
operated in separate facilities, the
age span does not exceed four
years.
R 340.1733(d),(e)
Programs other than those for
impairments:
1. In elementary buildings
attended by students who are
nondisabled, the age span
does not exceed six years or
the age span of nondisabled
students in the building.
2. In secondary buildings
Citation
students who are nondisabled in the
building, whichever is less.
(e) The age span for students who
are assigned to special education
programs, except for programs for
impairments, operated in secondary
buildings attended by students who
are nondisabled, shall not exceed, at
any 1 time, the age span of the
students who are nondisabled in the
building, except in high school
buildings where students up to 26
years of age may be served. The
term nondisabled shall not include
persons participating in adult
education programs.
(f) Programs for students with
severe cognitive impairment, severe
multiple impairments, and moderate
cognitive impairment shall comply
with subdivisions (b), (c), (d), and
(e) of this rule unless a program is
operated in accordance with an
approved intermediate school
district plan where, due to the low
incidence of eligible students,
expanded age ranges may be
necessary for programmatic
feasibility and meeting the needs of
students.
(g) Students with disabilities
qualifying for special education
programs and services shall be
provided with supplies and
equipment at least equal to those
provided to other students in
general education programs, in
addition to those supplies and
equipment necessary to implement
a students individualized education
program.
(h) Intermediate school districts,
local school districts, public school
academies, or a combination of such
agencies in cooperation with public
and private entities, shall provide or
contract for the provision of
transition services. Special
education teachers shall be assigned
to supervise such services.
Professional special education
Standard
Evidence of
Compliance
attended by students who are

nondisabled, the age span
does not exceed the age span
of the nondisabled students in
the building, except in high
school buildings where
students up to 26 years of
age are served.
R 340.1733(f)
If a program for students with
severe and moderate cognitive
impairments or severe multiple
impairments do not comply with
these requirements, there is an
approved ISD plan which
indicates the expanded age
ranges.
R 340.1733(g)
Supplies and equipment are
available to meet the students
IEP and are at least equal to
those provided to other students
in general education programs.
R 340.1733(h)
For transition services:
1. The public agency provides
transition services in
cooperation with public and
private agencies.
2. Special education teachers
supervise transition services.
3. Professional special education
personnel, a transition
coordinator, or both,
coordinate transition services.
R 340.1733(i)
For worksite-based learning there
is a written agreement or plan
that:
1. Is signed by the student,
parent, school, and worksite
representative.
2. Contains the following
information:
a. Expectations and
standards of attainment.
b. Job activities.
c. Time and duration of the
program.
Citation
personnel, a transition coordinator,
or both, shall coordinate transition
services.
(i) For worksite-based learning, a
written agreement/plan is required
and shall be signed by the student,
parent, school, and worksite
representative. The agreement shall
set forth all of the following
information:
(i) Expectations and standards of
attainment.
(ii) Job activities.
(iii) Time and duration of the
program.
(iv) Wages to be paid to the
student, if applicable.
(v) Related instruction, if applicable.
The superintendent of the school
district shall designate a staff
member to visit the students
worksite at least once every 30
calendar days for the duration of the
program to check attendance and
student progress and assess the
placement in terms of health, safety,
and welfare of the student.
(j) Substitute instructional aides
specified in R 340.1738,
R 340.1739, and R 340.1748 shall
be provided when assigned
instructional aides are absent. In
addition, teacher aides specified in
R 340.1739 and R 340.1740 shall be
provided when assigned teacher
aides are absent.
Severe cognitive impairment
program.
R 340.1738
Rule 38. A severe cognitive
impairment program shall be
operated as follows:
(a) There shall be 1 teacher and 2
instructional aides for a maximum of
12 students. The maximum number
of students may be extended to 15 if
an additional instructional aide is
assigned with the placement of the
thirteenth student. At least 1 fulltime teacher and 1 full-time aide
shall be employed in every severe
cognitive impairment program.
Standard
Evidence of
Compliance
d.
Wages to be paid to the

student, if applicable.
e. Related instruction, if
applicable.
3. A staff member visits the
students worksite at least
once every 30 calendar days
to:
a. Check attendance.
b. Check student progress.
c. Assess the placement in
terms of health, safety,
and welfare of the
student.
R 340.1733(j)
In programs that require an
instructional or teacher aide, the
district obtains substitute staff
when the regular aides are
absent.
R 340.1738(a)
In programs for students with
severe cognitive impairment:
1. There is one teacher.
2. There are two instructional
aides for a maximum of 12
students.
3. The number of students is
extended to a maximum of
15 only if an additional
instructional aide is assigned
with the placement of the
13th student.
Citation
Standard
(b) A severe cognitive impairment

program shall consist of either of the
following:
(i) A minimum of 200 days and
1,150 clock hours of instruction.
(ii) A minimum of 1,150 hours of
instruction with no breaks greater
than 10 consecutive days of pupil
instruction.
(c) Any decision on whether the
child shall participate in the program
beyond the regular school year
established by the operating district
must be made on an individual basis
by the individualized education
program team.
(d) Teachers shall be responsible for
the instructional program and shall
coordinate the activities of aides and
supportive professional personnel.
(e) Instructional aides shall work
under the supervision of the teacher
and assist in the students daily
training program.
(f) Program assistants may assist
the teacher and the instructional
aides in the feeding, lifting, and
individualized care of students.
(g) A registered nurse shall be
reasonably available.
4. There is at least one full-time

teacher and one full-time
aide.
Programs for students with

moderate cognitive impairment.
R 340.1739
Rule 39. Programs for students with
moderate cognitive impairment
shall be operated as follows:
(a) There shall be 1 teacher and 1
teacher aide for a maximum of 15
students.
(b) There shall be 1 lead teacher
and a maximum of 3 instructional
aides for a maximum of 30 students,
with not more than 10 students for
each aide.
Programs for students with mild

cognitive impairment.
R 340.1740
Evidence of
Compliance
R 340.1738(b)
1. There is a minimum of 200
days and 1,150 clock hours of
instruction, or
2. There is a minimum of 1,150
hours of instruction with no
breaks greater than 10
consecutive days of pupil
instruction.
R 340.1738(d)
Teachers are responsible for the
instructional program and
coordinate the activities of aides
and supportive professional
personnel.
R 340.1738(e)
Instructional aides are supervised
by the teacher and assist in the
students daily training program.
R 340.1738(g)
A registered nurse is reasonably
available.
R 340.1739(a)
moderate cognitive impairment:
2. There is one teacher aide for
a maximum of 15 students.
R 340.1739(b)
1. There is one lead teacher.
2. There is a maximum of three
instructional aides for a
maximum of 30 students.
3. There are not more than 10
students for each aide.
R 340.1740(a)
Citation
mild cognitive impairment shall be
operated as follows:
(a) Elementary programs for
students with mild cognitive
impairment shall serve not more
than 15 different students. When an
elementary program for students
with mild cognitive impairment has
12 or more students in the room at
one time, an aide shall be assigned
to the program.
(b) Secondary programs for
students with mild cognitive
impairment shall have not more
than 15 different students in the
classroom at any one time and the
teacher shall be responsible for the
educational programming for not
more than 15 different students.
R 340.1741
emotional impairment shall have not
more than 10 students in the
classroom at any one time, and the

hearing impairment.
R 340.1742
Rule 42. Programs and services for
students with hearing impairment
shall be operated as follows:
(a) A special class with 1 teacher
shall have an enrollment of not more
than 7 students.
(b) Group amplification devices
deemed necessary for instruction by
the individualized education program
team shall be provided. The public
agency shall ensure that the
amplification devices worn by
hearing impaired children in school
are functioning properly.
Standard
Evidence of
Compliance

mild cognitive impairment:
In elementary programs
1. There are no more than 15
students in the classroom at
any time.
2. If there are 12 or more
students in the room at one
time, an aide has been
assigned.
R 340.1740(b)
In secondary programs
1. There are no more than 15
any time.
2. The teacher is not responsible
for more than 15 different
students.
R 340.1741
emotional impairment:
1. There are no more than ten
any time.
students.
R 340.1742(a)
hearing impairment, there is one
teacher and not more than seven
students.
R 340.1742(b)
1. Group amplification devices
deemed necessary for
instruction by the IEP team
are provided.
2. Amplification devices worn by
students with a hearing
impairment in school are

Citation
visual impairment.
R 340.1743
Rule 43. Programs and services for
students with visual impairment
shall be determined by the severity
and multiplicity of the impairments.
A special class with 1 teacher shall
have an enrollment of not more than
the equivalent of 8 full-time
students, and the teacher shall be
responsible for the educational
programming for not more than 10
different students. The public
agency shall ensure that low vision
aids, excluding prescription eye
glasses, are available and
physical impairment or other
health impairment.
R 340.1744
Rule 44. (1) Programs for students
with physical impairment or other
health impairment shall have not
more than 10 students in the
classroom at any one time, and the
(2) Special classroom units serving
students with physical or other
health impairment shall provide not
less than 60 square feet of floor
space per person.
Services for students with
speech and language
impairment.
R 340.1745
Rule 45. All of the following
provisions are specific requirements
for speech and language services:
(a) The speech and language
services provided by an authorized
provider of speech and language
services shall be based on the needs
of a student with a disability as
determined by the individualized
education program team after
reviewing a diagnostic report
provided by an authorized provider
Standard
Evidence of
Compliance
R 340.1743
visual impairment:
1. One teacher does not have an
enrollment of more than the
equivalent of eight full-time
students.
for more than ten different
students.
3. Low vision aids, excluding
prescription eye glasses, are
available and functioning
properly.
R 340.1744
physical impairment or other
health impairments:
1. There are not more than ten
any one time.
for more than 15 students.
3. There is not less than 60
square feet of floor space per
person.
R 340.1745(a)
Speech and language services
are:
1. Provided by an authorized
provider of speech and
language services.
2. Based on the needs of a
student with a disability as
determined by the IEP team.
3. Based on a diagnostic report
provided by an authorized
provider of speech and
Citation
of speech and language services.
(b) The determination of caseload
size for an authorized provider of
speech and language services shall
be made by the authorized provider
of speech and language services in
cooperation with the district director
of special education, or his or her
designee, and the building principal
or principals of the school or schools
in which the students are enrolled.
Caseload size shall be based upon
the severity and multiplicity of the
disabilities and the extent of the
service defined in the collective
individualized education programs of
the students to be served, allowing
time for all of the following:
(i) Diagnostics.
(ii) Report writing.
(iii) Consulting with parents and
teachers.
(iv) Individualized education
program team meetings.
(v) Travel.
(c) Individual caseloads of
authorized providers of speech and
language services shall not exceed
60 different persons and shall be
adjusted based on factors identified
in subdivision (b) of this rule.
Students being evaluated shall be
counted as part of the caseload.
(d) An authorized provider of speech
and language impaired services shall
be either a teacher of students with
speech and language impairment
under R 340.1781, R 340.1782, and
R 340.1796, or a person with a
masters degree, as qualified under
R 340.1792.
Standard
Evidence of
Compliance
language services.
R 340.1745(b)
1. The determination of
caseload size was made by
the authorized provider of
speech and language services
in cooperation with the
district director of special
education, or their designee,
and the building principal(s)
of the school(s) in which the
students are enrolled.
2. Caseloads are based upon:
a. The severity and
multiplicity of the
disabilities.
b. The extent of the service
defined in the IEP of all
students to be served.
c. Time needed for all of the
following:
Diagnostics.
Report writing.
Consultation with
parents and teachers.
IEP team meetings.
Travel.
R 340.1745(c)
1. Caseloads of authorized
providers of speech and
language services do not
exceed 60 different students.
2. Students being evaluated are
counted as part of the
caseload.
R 340.1745(d)
The provider of speech and
language impaired services is
either:
1. A teacher of students with
speech and language
impairment under R
340.1781, R 340.1782, and R
340.1796, or
2. A person with a masters
degree, as qualified under
R 340.1792.

Citation
Homebound and hospitalized
services.
R 340.1746
Rule 46. The following homebound
and hospitalized services are
required:
(a) Homebound services shall be
initiated within 15 school days after
verification, by a licensed physician,
of a medical impairment which
requires the eligible special
education student to be confined to
the home. Such verification shall
indicate the anticipated duration of
the required confinement.
(b) Hospital service shall be
provided for eligible special
education students who cannot
attend school because of
hospitalization for a physical or
medical impairment. These services
shall be initiated when determined
medically feasible.
(c) A special education teacher
employed for homebound or hospital
services, or for a combination of
these services, shall be assigned not
more than 12 students at any 1
time.
(d) Students receiving homebound
or hospital services shall receive a
minimum of 2 nonconsecutive hours
of instruction per week. Related
services personnel may supplement,
but not substitute for, the teachers
instruction.
(e) The district in which the hospital
is located shall make homebound
and hospital services available to
eligible students. If the student is
hospitalized outside of the district of
residence, the district of residence is
responsible for delivering services or
for contracting with the operating
district and making payment for the
services.
(f) Homebound and hospitalized
services shall not be substituted for
special education programs. Instead,
the service provider shall endeavor,
to the extent appropriate, to present
curricular experiences which are
being provided in the program
Standard
Evidence of
Compliance
R 340.1746(a)
1. Homebound or hospitalized
services were initiated within
15 school days of verification
by a licensed physician of a
medical impairment which
requires the eligible special
education student to be
confined to the home.
2. Verification by a licensed
physician of a medical
impairment indicates the
anticipated duration of the
required confinement.
R 340.1746(b)
1. Hospital services were
provided for eligible students
receiving special education
2. Hospital services were
initiated when determined
medically feasible.
R 340.1746(c)
A special education teacher
employed for homebound or
hospital services, or for a
combination of these services, is
assigned not more than 12
students at any one time.
R 340.1746(d)
1. A minimum of two
nonconsecutive hours of
instruction are provided per
week.
2. Related service personnel
service hours are not used as
a substitute for the teachers
instruction.
R 340.1746(e)
1. The district in which the
hospital is located delivers
the homebound and hospital
services available to eligible
students.
2. If the student is hospitalized
outside of the district of
Citation
where the student is currently
enrolled.
Standard
Evidence of
Compliance
residence, the district of

residence delivers the
services or contracts with the
operating district and makes
payment for the services.
R 340.1746(f)
1. Homebound and hospitalized
services are not substituted
for special education
programs.
2. The service provider, to the
extent appropriate, presented
curricular experiences which
are provided in the program
where the student is currently
enrolled.

specific learning disabilities.
R 340.1747
specific learning disabilities shall
have not more than 10 students in
the classroom at any one time, and
the teacher shall be responsible for
the educational programming for not
Severe multiple impairments

program.
R 340.1748
Rule 48. (1) A severe multiple
impairment program shall consist of
at least 1 teacher and 2 instructional
aides for a maximum of 9 students.
At least 1 full-time teacher and 1
full-time aide shall be employed in
every severe multiple impairments
program.
(2) A severe multiple impairments
program shall consist of either of the
following:
(a) A minimum of 200 days and
1,150 clock hours of instruction.
(b) A minimum of 1,150 hours of
instruction with no breaks greater
than 10 consecutive days of pupil
instruction.
(3) Any decision on whether the
child shall participate in the program
R 340.1747
specific learning disabilities:
1. There are not more than ten
any time.
students.
R 340.1748(1)
severe multiple impairments:
2. There are two instructional
aides.
3. There is a maximum of nine
students.
4. There is at least one full-time
teacher and one full-time
aide.
R 340.1748(2)
The program consists of either:
1. A minimum of 200 days and
1,150 clock hours of
instruction.
2. A minimum of 1,150 hours of
instruction with no breaks
Citation
beyond the regular school year
established by the operating district
must be made on an individual basis
by the individualized education
program team.
(4) A registered nurse shall be
reasonably available.
Teacher consultant without a
student caseload assignment;
evaluation and consultation
assignment; responsibilities.
R 340.1748a
Rule 48a. (1) The teacher
consultant for special education with
an evaluation and consultation
assignment shall do either or both of
the following:
(a) Provide consultation to education
personnel on behalf of students with
disabilities.
(b) Evaluate students.
(2) The teacher consultant shall not
serve in supervisory or
administrative roles and perform the
function of a teacher consultant
simultaneously.
Teacher consultant with a

student caseload;
responsibilities.
R 340.1749
Rule 49. (1) The teacher consultant
for special education with a student
caseload shall do 1 or more of the
following:
(a) Provide instructional services to
students receiving instruction in
special education programs.
Instructional services are supportive
of the special education teacher. A
teacher consultant shall not grade,
give credit for, or teach a general
education or a special education
subject, class, or course.
(b) Provide instructional services to
a student with a disability in a
general education classroom.
Instructional services are supportive
of the general education teacher.
Standard
Evidence of
Compliance
greater than 10 consecutive

days of pupil instruction.
R 340.1748(4)
A registered nurse is reasonably
available.
R 340.1748a
The teacher consultant without a
student caseload:
1. Is not the designated teacher
consultant on any IEP.
2. Does either or both of the
following:
a. Provides consultation to
education personnel on
behalf of students with
disabilities.
b. Evaluates students.
3. Does not serve in supervisory
or administrative roles and
perform the function of a
teacher consultant
simultaneously.
R 340.1749(1),(3)
The teacher consultant with a
caseload:
1. Is designated on an IEP.
2. Provides one or more of the
following:
a. Instructional services to
students receiving
instruction in special
education programs
which are supportive of
the special education
teacher.
b. Instructional services to a
student with a disability
in a general education
classroom which are
supportive of the general
Citation
Standard
The teacher consultant shall not

grade, give credit for, or teach a
general education subject, class, or
course.
(c) Provide consultation to education
personnel on behalf of students with
disabilities on the consultant's
caseload.
(d) Evaluate students suspected of
being a student with a disability.
(2) The teacher consultant shall
carry an active caseload of not more
than 25 students with disabilities.
All students served under this rule
shall be counted as part of the
caseload. In establishing the
caseload, consideration shall be
given to time for all of the following:
(a) Instructional services.
(b) Evaluation.
(c) Consultation with special and
general education personnel.
(d) Report writing.
(e) Travel.
(3) The teacher consultant shall not
serve in supervisory or
administrative roles and perform the
function of a teacher consultant
simultaneously.
education teacher.
Consultation to education
personnel on behalf of
students with disabilities
on the consultant's
caseload.
3. Evaluates students suspected
of being students with
disabilities.
4. Does not grade, give credit
for, or teach a general
education or a special
education subject, class, or
course.
5. Does not serve in supervisory
or administrative roles and
perform the function of a
teacher consultant
simultaneously.
Elementary level resource

program.
R 340.1749a
Rule 49a. (1) A district that provides
a special education elementary level
resource program shall be provided
by a special education teacher.
(2) The elementary resource teacher
shall serve not more than 10
students at any 1 time and not more
than 18 different students and shall
do either or both of the following:
(a) Provide direct instruction to
students on the resource teachers
caseload and may assign grades or
other evaluative measures for this
instruction.
(b) Provide support to the general
Evidence of
Compliance
c.
R 340.1749(2)
The teacher consultant caseload:
1. Is not more than 25 students.
2. Includes all students served
under this rule.
3. Was established with
consideration of time for:
a. Instructional services.
b. Evaluation.
c. Consultation with special
and general education
personnel.
d. Report writing.
e. Travel.
R 340.1749a(1),(2)
In an elementary level resource
program, the teacher:
1. Is an approved or endorsed
special education teacher.
2. Does not serve more than ten
students at a time.
3. Does not have more than 18
different students.
following:
a. Direct instruction to
students on the resource
teachers caseload and
the teacher may assign
Citation
education classroom teachers to
whom special education students on
the resource teachers caseload
have been assigned. Time shall be
allocated to the resource teacher to
carry out this responsibility.
(3) The elementary resource
program teacher may provide
supplemental instruction to students
on his or her caseload.
(4) The elementary resource teacher
may evaluate general education
students within the same building
who are suspected of having a
disability and, therefore, may serve
on the initial multidisciplinary
evaluation team. The resource
evaluation of not more than 2
students at 1 time. Time shall be
allocated to the resource teacher to
carry out this responsibility.
(5) If the special education teacher
to whom the student is assigned
does not have an endorsement in
the area which matches the
students disability, the
individualized educational program
team shall determine if a teacher
consultant with such credentials is
needed to provide consultation,
resources, and support services to
the resource teacher.
Secondary level resource
program.
R 340.1749b
Rule 49b. (1) A district that provides
a special education secondary level
resource program shall be provided
by a special education teacher.
(2) A secondary resource teacher
shall serve not more than 10
students at any 1 time and have a
caseload of not more than 20
different students and shall do either
or both of the following:
(a) Provide direct instruction for
special education courses approved
for graduation by the local
educational agency. The teacher
may assign grades or other
evaluative measures for this
Standard
b.
Evidence of
Compliance
grades or other
evaluative measures for
this instruction.
Support the general
education classroom
teachers to whom special
education students on the
resource teachers
caseload have been
assigned. Time is
allocated to carry out this
responsibility.
R 340.1749a(4)
The resource teacher is
responsible for the evaluation of
not more than two general
education students at one time
and time is allocated to carry out
this responsibility.
R 340.1749a(5)
If the special education teacher to
whom the student is assigned
students disability, the IEP team
determined if a teacher
consultant with such credentials
is needed to provide consultation,
resources, and support services
to the resource teacher.
R 340.1749b(1),(2),(3)
In a secondary level resource
program the teacher:
1. Is an approved or endorsed
2. Does not serve more than ten
students at any one time.
3. Does not have a caseload of
more than 20 different
students.
following:
a. Provides direct instruction
for special education
courses approved for
graduation by the local
Citation
Standard
instruction.
(b) Provide support to the general
education classroom teachers to
whom special education students on
the resource program teachers
caseload have been assigned. Time
shall be allocated to the resource
teacher to carry out this
responsibility.
(3) The secondary resource teacher
may provide supplemental
instruction to students on his or her
caseload who are enrolled in general
education classes. The teacher shall
not teach a class and offer tutorial
assistance at the same time.
(4) If the special education teacher
to whom the student is assigned
students disability, the
individualized educational program
team shall determine if a teacher
consultant with such credentials is
needed to provide consultation,
resources, and support services to
the resource teacher.
educational agency.
Provides support to
general education
classroom teachers to
whom special education
students on the resource
room teachers caseload
have been assigned and
time is allocated to the
resource teacher to carry
out this responsibility.
5. Does not teach a class and
offer tutorial assistance at the
same time.
Departmentalization of special
education programs.
R 340.1749c
Rule 49c. (1) A school with more
than 1 special education teacher
may departmentalize.
(2) Each teacher shall teach only 1
local education agency approved
special education course per period.
(3) Each teacher may serve more
than the students assigned to his or
her caseload; however, the total
number of students served cannot
exceed the combined caseloads of
the participating teachers.
(4) Each teacher shall serve not
more than an average of 10
students per class period per
instructional day.
Early childhood special
education programs; 2 years 6
months through 5 years of age.
R 340.1754
Rule 54. (1) Early childhood special
Evidence of
Compliance
b.
R 340.1749b(4)
If the special education teacher to
whom the student is assigned
students disability, the IEP team
determined if a teacher
consultant with such credentials
is needed to provide consultation,
resources, and support services
to the resource teacher.
R 340.1749c
If a school departmentalizes:
1. The school has more than one
2. The teacher teaches only one
LEA-approved special
education course per period.
3. The total number of students
served does not exceed the
combined caseloads of
participating teachers.
4. The teacher does not serve
more than an average of ten
students per class per
instructional day.
R 340.1754(1)
Citation
education programs for students
with disabilities may be provided to
students with disabilities who are 2
years 6 months through 5 years of
age.
(2) Early childhood special education
programs for students with
disabilities shall do all of the
following:
(a) Be provided by an approved or
endorsed early childhood special
education teacher.
(b) Be based upon the students
individual needs as determined
through an age appropriate
developmental assessment and
specified in an individualized
education program.
(c) Be based on the approved state
board of education early childhood
standards.
(d) Have a parent participation and
education component.
(e) Be available for a minimum of
360 clock hours and 144 days of
instruction.
(f) Have not more than 12 students
for 1 teacher and 1 aide at any one
time, and the teacher shall have
responsibility for the educational
different students.
Early childhood special
education services; 2 years 6
months through 5 years of age.
R 340.1755
Rule 55. (1) Early childhood special
education services for students with
disabilities may be provided to
students with disabilities who are 2
years 6 months through 5 years of
age.
(2) Early childhood special education
services for students with disabilities
shall do all of the following:
(a) Be provided by an approved or
education teacher or approved
related service provider.
(b) Be provided by an approved
related services staff working under
Standard
Evidence of
Compliance
The early childhood program

serves students with disabilities
who are 2 years 6 months
through 5 years of age.
R 340.1754(2)
Early childhood programs shall:
1. Be provided by an approved
or endorsed early childhood
2. Be based upon the students
individual needs as
determined through an age
appropriate developmental
assessment and specified in
an IEP.
3. Be based on the approved
state board of education early
childhood standards.
4. Have a parent participation
and education component.
5. Be available for a minimum of
360 clock hours and 144 days
of instruction.
6. Have not more than 12
students for 1 teacher and 1
aide at any one time, and the
teacher shall have
responsibility for the
educational programming for
not more than 24 different
students.
R 340.1755(1)
Early childhood special education
services are only provided for
students with disabilities who are
2 years 6 months through 5 years
of age.
R 340.1755(2)
Early childhood special education
services shall be provided:
1. By an approved or endorsed
early childhood special
education teacher or
approved related service
provider.
Citation
the educational direction of an
approved or endorsed early
childhood special education teacher.
(c) Be provided for not less than 72
clock hours over 1 school year.
Services may be provided in
appropriate early childhood, school,
community, or family settings.
(3) If a preschool-aged student with
a disability is placed in a non-special
education program, then the
team shall consider the need for
consultation by an early childhood
severe language impairment.
R 340.1756
Rule 56. (1) A public agency may
establish programs for students with
Specific requirements for these
programs are as follows:
(a) A program for students with
severe language impairment
conducted by a teacher of programs
for students with speech and
language impairment shall serve
only young children with disabilities
or developmental delay or
elementary students with severe
language impairment.
(b) The program shall have not
more than 10 students or young
children with speech and language
impairment in the classroom at any
1 time, and the teacher shall have
responsibility for the educational
different children.
Students placed in juvenile
detention facilities; other
education services.
R 340.1757
Rule 57. All of the following
provisions are specific requirements
for educational services conducted
for students placed in juvenile
detention facilities:
(a) Programs shall be initiated within
5 calendar days after admission. If a
Standard
Evidence of
Compliance
2. By an approved related
services staff working under
the educational direction of
an approved or endorsed
early childhood special
education teacher.
3. For not less than 72 clock
hours over 1 school year.
R 340.1756
severe language impairments:
1. Are conducted by a teacher of
programs for students with
speech and language
impairment.
2. Serve only young students
with disabilities or
developmental delay or
elementary students with
3. Do not have more than ten
any one time.
4. Have responsibility for no
more than 15 different
students for each teacher.
R 340.1757(a)
1. Programs for students placed
in juvenile detention facilities
are initiated within five
calendar days after
admission.
2. If a student placed in a
Citation
student placed in a juvenile
detention facility is suspected of
having a disability, then the
procedure outlined in part 2 of these
rules shall be immediately followed.
(b) Notification of educational
placement shall be sent to the
superintendent of the district of
residence within 5 school days after
the date of entry of a student into
the educational program in a
juvenile detention facility.
(c) Subject to applicable federal
privacy protections, education
reports for each student educated in
a juvenile detention facility shall be
sent by certified mail to the
superintendent of the district of
residence within 5 school days from
the date of release from the facility.
(d) Special education reimbursed
personnel may provide educational
services for students who do not
have disabilities and who are placed
in the facility, if the programs
comply with both of the following
provisions:
(i) They are under the supervision of
a teacher approved in the area of
(ii) They have not more than 10
students in a class at any 1 time.

autism spectrum disorder.
R 340.1758
Rule 58. Specific requirements for
programs for students with autism
spectrum disorder shall be provided
using either of the following
alternatives:
(a) Programs that consist of 1
classroom program for students with
autism spectrum disorder shall not
have more than 5 students and shall
be served by a teacher of students
Standard
Evidence of
Compliance
juvenile detention facility was

suspected of having a
disability, the procedure
outlined in part 2 of the
Michigan Administrative Rules
for Special Education are
immediately followed.
R 340.1757(b)
Notification of educational
placement was sent to the
superintendent of the resident
district within five school days
after the date of entry of a
student.
R 340.1757(c)
Education reports for each
student educated in a juvenile
detention facility are sent by
certified mail to the
superintendent of the resident
district within five school days
from the date of release from the
facility.
R 340.1757(d)
If special education reimbursed
personnel provide educational
services for students who do not
have disabilities and who are
placed in the facility, the
program:
1. Is under the supervision of a
teacher approved in the area
of emotional impairment.
2. Does not have more than ten
students in a class at any one
time.
R 340.1758
autism spectrum disorder are
provided using one of the
following options:
1. Option 1:
a. Classroom programs for
students with autism
spectrum disorder are
taught by a teacher of
Citation
with autism spectrum disorder.
However, programs that consist of
more than 1 classroom may have
more than 5 students in a
classroom, if the average studentto-teacher-and-aide ratio does not
exceed 5 students to 1 teacher and
1 aide. A classroom with 3 or more
students shall have 1 aide.
(b) A special education program
described in an approved
intermediate school district plan
under R 340.1832(d) that assures
the provision of educational
programming for students with
autism spectrum disorder.
Standard
Evidence of
Compliance

spectrum disorder.
b. If there is only one
classroom, there are no
more than five students
and the classroom
includes an aide when
there are more than three
students.
c. If there is more than one
classroom, the studentto-teacher and aide ratio
does not exceed five
students to one teacher
and one aide.
2. Option 2: The provision of
educational programming for
spectrum disorder is
delivered according to an
approved intermediate school
district plan.

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Discipline: Page V-1
Citation
Standard
V.
Authority of school personnel.

300.530
(a) Case-by-case determination.
School personnel may consider any
unique circumstances on a case-bycase basis when determining
whether a change in placement,
consistent with the other
requirements of this section, is
appropriate for a child with a
disability who violates a code of
student conduct.
(b) General. (1) School personnel
under this section may remove a
child with a disability who violates a
code of student conduct from his or
her current placement to an
appropriate interim alternative
educational setting, another setting,
or suspension, for not more than 10
consecutive school days (to the
extent those alternatives are applied
to children without disabilities), and
for additional removals of not more
than 10 consecutive school days in
that same school year for separate
incidents of misconduct (as long as
those removals do not constitute a
change of placement under
300.536).
(2) After a child with a disability has
been removed from his or her
current placement for 10 school
days in the same school year, during
any subsequent days of removal the
public agency must provide services
to the extent required under
paragraph (d) of this section.
(c) Additional authority. For
disciplinary changes in placement
that would exceed 10 consecutive
school days, if the behavior that
gave rise to the violation of the
school code is determined not to be
a manifestation of the childs
disability pursuant to paragraph (e)
of this section, school personnel may
apply the relevant disciplinary
procedures to children with
disabilities in the same manner and
Evidence of
Compliance
Discipline
300.530(b)(1)
The public agency documented
each time it removed a student
with a disability, who violated a
code of student conduct, from the
current placement to another
setting.
300.530(b)(2)
If a student with a disability was
removed from his or her current
placement for 10 school days in
the same school year, the public
agency provided services during
any subsequent days of removal
in accordance with 300.530(d).
300.530(c)
If the removal exceeded 10
consecutive school days and was
determined not to be a
manifestation of the students
disability, the public agency
applied general education
discipline procedures.
300.530(d)(1)
1. For each removal that
exceeded 10 consecutive
school days and was
determined to be a
disability, the student
received:
a. Educational services that
enabled the student to
continue to participate in
curriculum and to
progress toward meeting
the goals set out in the
students IEP.
b. Received, as appropriate,
a functional behavioral
assessment and
behavioral intervention
services, or modifications
to an existing plan,

Citation
for the same duration as the
procedures would be applied to
children without disabilities, except
as provided in paragraph (d) of this
section.
(d) Services. (1) A child with a
disability who is removed from the
childs current placement pursuant
to paragraphs (c), or (g) of this
section must
(i) Continue to receive educational
services, as provided in
300.101(a), so as to enable the
child to continue to participate in the
general education curriculum,
although in another setting, and to
progress toward meeting the goals
set out in the childs IEP; and
(ii) Receive, as appropriate, a
functional behavioral assessment,
and behavioral intervention services
and modifications, that are designed
to address the behavior violation so
that it does not recur.
(2) The services required by
paragraph (d)(1), (d)(3), (d)(4),
and (d)(5) of this section may be
provided in an interim alternative
educational setting.
(3) A public agency is only required
to provide services during periods of
removal to a child with a disability
who has been removed from his or
her current placement for 10 school
days or less in that school year, if it
provides services to a child without
disabilities who is similarly removed.
(4) After a child with a disability has
been removed from his or her
current placement for 10 school
days in the same school year, if the
current removal is for not more than
10 consecutive school days and is
not a change of placement under
300.536, school personnel, in
consultation with at least one of the
childs teachers, determine the
extent to which services are needed,
as provided in 300.101(a), so as
to enable the child to continue to
participate in the general education
curriculum, although in another
setting, and to progress toward
Standard
Evidence of
Compliance
designed to address the

behavior violation so that
it does not recur.
300.530(d)(3)
The public agency provided
services during a removal less
than 10 school days if the public
agency provides these services to
general education students.
300.530(d)(4)
If days of removal subsequent to
the first 10 school days of
removal did not constitute a
change of placement, school
personnel:
1. Consulted with at least one of
the students teachers.
2. Determined the extent to
which services are needed:
a. To participate in the
general education
curriculum in another
setting.
b. To progress toward
meeting the goals set out
in the students IEP.
300.530(d)(5)
If days of removal were
subsequent to the first 10 days of
removal and constituted a change
of placement, the IEP team
determined the appropriate
services.
300.530(e)(1)
1. Within 10 school days of a
decision to change the
placement of a student with a
disability due to a violation of
a code of student conduct,
the following team members
met, or were invited to meet:
a. The LEA.
b. The parent.
c. Relevant members of the
students IEP team.
2. The team, at a minimum,
reviewed:
a. All relevant information in
the students file,
Citation
Standard
meeting the goals set out in the

childs IEP.
(5) If the removal is a change of
placement under 300.536, the
childs IEP Team determines
appropriate services under
paragraph (d)(1) of this section.
(e) Manifestation determination. (1)
Within 10 school days of any
decision to change the placement of
a child with a disability because of a
violation of a code of student
conduct, the LEA, the parent, and
relevant members of the childs IEP
Team (as determined by the parent
and the LEA) must review all
relevant information in the students
file, including the childs IEP, any
teacher observations, and any
relevant information provided by the
parents to determine
(i) If the conduct in question was
caused by, or had a direct and
substantial relationship to, the
childs disability; or
(ii) If the conduct in question was
the direct result of the LEAs failure
to implement the IEP.
(2) The conduct must be determined
to be a manifestation of the childs
disability if the LEA, the parent, and
Team determine that a condition in
either paragraph (e)(1)(i) or (1)(ii)
of this section was met.
(3) If the LEA, the parent, and
Team determine the condition
described in paragraph (e)(1)(ii) of
this section was met, the LEA must
take immediate steps to remedy
those deficiencies.
(f) Determination that behavior was
a manifestation. If the LEA, the
parent, and relevant members of the
IEP Team make the determination
that the conduct was a
manifestation of the childs
disability, the IEP Team must
(1) Either
(i) Conduct a functional behavioral
assessment, unless the LEA had
conducted a functional behavioral
including the IEP.

Any teacher observations.
Any relevant information
provided by the parent.
3. The team determined either:
a. If the conduct in question
was caused by, or had a
direct and substantial
relationship to, the
students disability; or
b. If the conduct in question
was the direct result of
the LEAs failure to
implement the IEP.
Evidence of
Compliance
b.
c.
300.530(e)(3)
If the conduct in question was
determined to be the direct result
of the LEAs failure to implement
the IEP, the LEA took immediate
steps to remedy those
deficiencies.
300.530(f)(1),(2)
If the conduct in question was
determined to be a manifestation
of the students disability:
1. The IEP team either:
a. Conducted a functional
behavioral assessment
with parental consent; or
b. Implemented a
plan for the student.
2. If a behavioral intervention
plan already has been
developed, the public agency:
a. Reviewed the behavioral
intervention plan.
b. Modified it, as necessary,
to address the behavior.
c. Returned the student to
the placement from which
the student was removed.
3. The student was returned to
the placement from which the
student was removed, unless:
a. The parent and the LEA
agreed to a change of
placement as part of the
modification of the
plan; or
Citation
assessment before the behavior that
resulted in the change of placement
occurred, and implement a
behavioral intervention plan for the
child; or
(ii) If a behavioral intervention plan
already has been developed, review
the behavioral intervention plan, and
modify it, as necessary, to address
the behavior; and
(2) Except as provided in paragraph
(g) of this section, return the child
to the placement from which the
child was removed, unless the
parent and the LEA agree to a
change of placement as part of the
modification of the behavioral
intervention plan.
(g) Special circumstances. School
personnel may remove a student to
an interim alternative educational
setting for not more than 45 school
days without regard to whether the
behavior is determined to be a
manifestation of the childs
disability, if the child
(1) Carries a weapon to or
possesses a weapon at school, on
school premises, or to or at a school
function under the jurisdiction of an
SEA or an LEA;
(2) Knowingly possesses or uses
illegal drugs, or sells or solicits the
sale of a controlled substance, while
at school, on school premises, or at
a school function under the
jurisdiction of an SEA or an LEA; or
(3) Has inflicted serious bodily injury
upon another person while at school,
on school premises, or at a school
function under the jurisdiction of an
SEA or an LEA.
(h) Notification. On the date on
which the decision is made to make
a removal that constitutes a change
of placement of a child with a
disability because of a violation of a
code of student conduct, the LEA
must notify the parents of that
decision, and provide the parents
the procedural safeguards notice
described in 300.504.
(i) Definitions. For purposes of this
Standard
b.
Evidence of
Compliance
The student was removed

due to special
circumstances.
300.530(g)
If a student was removed to an
interim alternative educational
setting for up to 45 school days
without regard to whether the
behavior was determined to be a
disability, the student was
removed for either:
1. Possession of a weapon;
2. Possession, sale, or use of
illegal drugs; or
3. Inflicting serious bodily injury
upon another person.
300.530(h)
On the date that the decision was
made to make a removal that
constituted a change of
placement, the public agency:
1. Notified the parent of that
decision.
2. Provided the parents the
procedural safeguards notice.

Citation
Standard
Evidence of
Compliance
section, the following definitions

apply:
(1) Controlled substance means a
drug or other substance identified
under schedules I, II, III, IV, or V in
section 202(c) of the Controlled
Substances Act (21 U.S.C. 812(c)).
(2) Illegal drug means a controlled
substance; but does not include a
controlled substance that is legally
possessed or used under the
supervision of a licensed health-care
professional or that is legally
possessed or used under any other
authority under that Act or under
any other provision of Federal law.
(3) Serious bodily injury has the
meaning given the term serious
bodily injury under paragraph (3)
of subsection (h) of section 1365 of
title 18, United States Code.
(4) Weapon has the meaning given
the term dangerous weapon under
paragraph (2) of the first subsection
(g) of section 930 of title 18, United
States Code.
Determination of setting.
300.531
The childs IEP Team determines the
setting for services under
300.530(c), (d)(5), and (g).
Placement during appeals.

300.533
When an appeal under 300.532
has been made by either the parent
or the LEA, the child must remain in
the interim alternative educational
setting pending the decision of the
hearing officer or until the expiration
300.531
The IEP team determined the
setting for services when:
1. A removal would exceed 10
consecutive school days and
the behavior was determined
not to be a manifestation of
the disability.
2. A change of placement
occurred as defined under
300.536.
3. A discipline removal due to
special circumstances
occurred.
300.533
If an appeal under 300.532 was
made by either the parent or the
public agency, the student
remained in the interim
alternative educational setting
Citation
Standard
of the time period specified in

300.530(c) or (g), whichever occurs
first, unless the parent and the SEA
or LEA agree otherwise.
pending the decision of the

hearing officer:
1. Until the expiration of the
time period specified in
300.530(c) or (g), whichever
occurs first, or
2. Unless the parent and the
public agency agree
otherwise.
Protections for children not

determined eligible for special
300.534
(a) General. A child who has not
been determined to be eligible for
services under this part and who has
engaged in behavior that violated a
code of student conduct, may assert
any of the protections provided for
in this part if the public agency had
knowledge (as determined in
accordance with paragraph (b) of
this section) that the child was a
child with a disability before the
behavior that precipitated the
disciplinary action occurred.
(b) Basis of knowledge. A public
agency must be deemed to have
knowledge that a child is a child with
a disability if before the behavior
that precipitated the disciplinary
action occurred
(1) The parent of the child
expressed concern in writing to
supervisory or administrative
personnel of the appropriate
educational agency, or a teacher of
the child, that the child is in need of
services;
(2) The parent of the child requested
an evaluation of the child pursuant
to 300.300 through 300.311; or
(3) The teacher of the child, or other
personnel of the LEA, expressed
specific concerns about a pattern of
behavior demonstrated by the child
directly to the director of special
education of the agency or to other
supervisory personnel of the agency.
(c) Exception. A public agency would
Evidence of
Compliance
300.534(a)
If a public agency had knowledge
that a student was a student with
a disability, but had yet to
determine eligibility for special
education services at the time of
the violation of the student code
of conduct, the student was
provided the protections under
this part.
300.534(b)
The public agency is deemed to
have a basis of knowledge if:
1. The parent and/or the
teacher of the student
expressed concern in writing
about the need for special
services to supervisory or
administrative personnel.
2. The parent of the student
requested an evaluation in
writing.
3. The teacher or other
personnel expressed concerns
about the pattern of behavior
to the director of special
education or other
supervisory personnel.
300.534(c)
The public agency determined not
to have a basis of knowledge if:
1. The parent had not allowed
an evaluation.
2. The parent refused services.
3. The student has been
evaluated and determined to
Citation
not be deemed to have knowledge
under paragraph (b) of this section
if
(1) The parent of the child
(i) Has not allowed an evaluation of
the child pursuant to 300.300
through 300.311; or
(ii) Has refused services under this
part; or
(2) The child has been evaluated in
accordance with 300.300 through
300.311 and determined to not be a
child with a disability under this
part.
(d) Conditions that apply if no basis
of knowledge. (1) If a public agency
does not have knowledge that a
child is a child with a disability (in
accordance with paragraphs (b) and
(c) of this section) prior to taking
disciplinary measures against the
child, the child may be subjected to
the disciplinary measures applied to
children without disabilities who
engage in comparable behaviors
consistent with paragraph (d)(2) of
this section.
(2)(i) If a request is made for an
evaluation of a child during the time
period in which the child is subjected
to disciplinary measures under
300.530, the evaluation must be
conducted in an expedited manner.
(ii) Until the evaluation is completed,
the child remains in the educational
placement determined by school
authorities, which can include
suspension or expulsion without
educational services.
(iii) If the child is determined to be a
child with a disability, taking into
consideration information from the
evaluation conducted by the agency
and information provided by the
parents, the agency must provide
services in accordance with this part,
including the requirements of
300.530 through 300.536 and
section 612(a)(1)(A) of the Act.
Standard
Evidence of
Compliance
be ineligible for special

services.
300.534(d)
If a request was made for an
evaluation during a time period in
which the student was subjected
to disciplinary measures:
1. The evaluation was conducted
in an expedited manner.
2. The student remained in the
educational placement
determined by school
authorities until the
evaluation was completed.
3. The public agency considered
information from the
evaluation conducted by the
agency and information
provided by the parent.
4. If the student was
determined to be a student
with a disability, the public
agency provided special
services.

Citation
Referral to and action by law
enforcement and judicial
authorities.
300.535
(a) Rule of construction. Nothing in
this part prohibits an agency from
reporting a crime committed by a
child with a disability to appropriate
authorities or prevents State law
enforcement and judicial authorities
from exercising their responsibilities
with regard to the application of
Federal and State law to crimes
committed by a child with a
disability.
(b) Transmittal of records. (1) An
agency reporting a crime committed
by a child with a disability must
ensure that copies of the special
education and disciplinary records of
the child are transmitted for
consideration by the appropriate
authorities to whom the agency
reports the crime.
(2) An agency reporting a crime
under this section may transmit
copies of the childs special
education and disciplinary records
only to the extent that the
transmission is permitted by the
Family Educational Rights and
Privacy Act.
Change of placement because of
disciplinary removals.
300.536
(a) For purposes of removals of a
child with a disability from the childs
current educational placement under
300.530 through 300.535, a
change of placement occurs if
(1) The removal is for more than 10
consecutive school days; or
(2) The child has been subjected to
a series of removals that constitute
a pattern
(i) Because the series of removals
total more than 10 school days in a
school year;
(ii) Because the childs behavior is
substantially similar to the childs
behavior in previous incidents that
resulted in the series of removals;
Standard
Evidence of
Compliance
300.535(b)
A public agency reporting a crime
committed by a student with a
disability transmitted copies of
the special education and
disciplinary records of the student
for consideration by the
appropriate authorities to the
extent allowed by the Family
Educational Rights and Privacy
Act.
300.536(a)
The public agency determined
that a change of placement
occurred if any of the following
occurred:
1. The removal of a student is
for more than 10 consecutive
school days.
2. The student has been
subjected to a series of
removals that constitute a
pattern.
300.536(b)(1)
1. The public agency determined
whether a series of removals
constituted a pattern
Citation
Standard
and
(iii) Because of such additional
factors as the length of each
removal, the total amount of time
the child has been removed, and the
proximity of the removals to one
another.
(b)(1)The public agency determines
on a case-by-case basis whether a
pattern of removals constitutes a
change of placement.
(2) This determination is subject to
review through due process and
judicial proceeding.
because:
a. The series of removals
total more than 10 school
days in the school year.
b. The students behavior is
substantially similar to
behavior in previous
incidents.
c. Additional factors such as
the length of each
removal, the total amount
of time the student has
been removed, and the
proximity of the removals
to one another.
2. Determinations of a pattern
of removals are made on a
case by case basis.
Evidence of
Compliance

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Deviations from Rules and Intermediate School District Plans: Page VI-1
Citation
Standard
Evidence of
Compliance
VI. Deviations from Rules and Intermediate School District Plans

Deviations from rules.
R 340.1734
Rule 34. (1) A deviation from these
rules shall be requested, in writing,
by an intermediate school district,
local school district, or public school
academy that operates or contracts
for special education programs and
services following procedures
determined by the department. A
copy of the request shall be filed
concurrently with the intermediate
school district in which affected
students with disabilities reside and
all local constituent school districts
in which the affected students with
disabilities reside. A copy of the
request shall be filed concurrently
with the parent advisory committee
of the intermediate school district
that requests the deviation and the
parent advisory committee of any
intermediate school district in which
affected students with disabilities
reside.
(2) Within 7 days of receipt of the
request, the intermediate school
district shall review and inquire into
the request and shall file, with the
department, its position regarding
the appropriateness of the request
and its objections to, or
endorsement of, the request,
together with the rationale
regarding its position.
(3) The department shall initiate
action within 30 calendar days of
receipt of the request. The
department may grant the request,
in writing, for a period not to extend
beyond the end of the current
school year and upon such terms
and conditions as it shall specify
only when, in its judgment, the best
interests of the students with
disabilities affected by the deviation
are served and good cause is
shown.
(4) A deviation shall not be granted
when the intent of the deviation is
to exclude a student with a disability
R 340.1734(1)
If a deviation has been filed, a
copy of the request was filed with
the intermediate school district,
the parent advisory committee,
and all local school districts
affected by the deviation.
R 340.1734(2)
Within seven days of receipt of
the request the intermediate
school district:
1. Reviewed the request.
2. Inquired into the request.
3. Filed its position regarding
the appropriateness, its
objections or endorsements,
and the rationale regarding
its position with the
department.
R 340.1734(5)
If a deviation was approved, the
affected intermediate school
districts, constituent local school
districts, or public school
academies informed their
relevant personnel and the parent
advisory committee.
R 340.1734(6)
The deviation was not requested
due to corrections directed by the
department under part 8 of these
rules.
R 340.1734(7)
If a requested deviation was
denied:
1. The condition that
precipitated the request was
corrected.
2. An assurance that the matter
is now in compliance was
submitted within 30 school
days of the denial.

Citation
Standard
Evidence of
Compliance
from, or deny a student with a

disability participation in, a special
education program or service that is
required.
(5) A program deviation that is
granted by the department is public
information. The affected
intermediate school districts,
constituent local school districts, or
public school academies shall inform
their involved personnel of granted
deviations in any manner they deem
appropriate. At a minimum, the
parent advisory committee shall be
informed of the disposition of the
request.
(6) A deviation shall not be
requested for the purpose of
avoiding or postponing corrections
directed by the department under
part 8 of these rules.
(7) If a final decision to deny a
deviation request is made, then the
school district that makes the
request shall correct the condition
that precipitated the request and
shall forward to the department,
office of special education, within 30
school days of the denial, its
assurance that the matter is now in
compliance with the respective rule.
(8) Nothing in this rule or any other
provision of statute or regulation
shall permit the department to
waive any of the requirements of
part B of the individuals with
disabilities education act, as
amended,
20 U.S.C. 1400 et seq.
Plan and modification
submission.
R 340.1831
Rule 131. (1) Each intermediate
school district board shall submit an
intermediate school district plan for
special education to the
superintendent of public instruction
to become effective when approved
by the superintendent of public
instruction.
(2) Any intermediate school district
plan or subsequent modification
R 340.1831(1)
The intermediate school district
board has an intermediate school
district plan that has been
approved by the Superintendent
of Public Instruction.
R 340.1831(2)
Within seven calendar days of
receipt of an approval of any
Citation
Standard
approved by the superintendent of

public instruction shall be distributed
by the intermediate school district to
each constituent local school district
superintendent, each chief executive
officer of a public school academy,
and the chairperson of the parent
advisory committee within 7
calendar days of the intermediate
school district's receipt of approval
instruction.
(3) Except as provided in subrule
(4) of this rule, a plan submitted by
an intermediate school district and
approved by the superintendent of
public instruction shall remain in
effect until the intermediate school
district submits modifications that
the intermediate school district
deems necessary to the department
and the modifications are approved
instruction.
(4) The department may require an
intermediate school district to
modify its plan if, after the effective
date of the individuals with
disabilities education act, 20 U.S.C.
1400 et seq., the provisions of that
act, its regulations, 34 C.F.R. 300.1,
et seq., 1976 PA 451, MCL 380.1 et
seq., or these rules are amended,
there is a new interpretation of any
of these laws or regulations by the
United States Department of
Education, the department, or court,
or the department finds
noncompliance.
(5) If the department requires a
modification to the intermediate
school district plan under subrule
(4) of this rule and an intermediate
school district's process as set forth
in this part does not result in
agreement among the intermediate
school district, its constituent local
school districts, public school
academies, and the parent advisory
committee regarding the required
modification, then the intermediate
school district shall submit the
required modification. A constituent

or subsequent modification,
copies were distributed by the
intermediate school district to:
1. Each constituent local school
district superintendent.
2. Each chief executive officer of
a public school academy.
3. The chairperson of the parent
advisory committee.
Evidence of
Compliance
R 340.1831(4)
If the department has required a
modification, there is evidence of
an approved modified plan.

Citation
Standard
Evidence of
Compliance
local school district, public school

academy, or the parent advisory
committee may file an objection
under R 340.1836.
Content areas.
R 340.1832
Rule 132. An intermediate school
district plan for special education, or
any modification thereof, shall be an
operational plan that sets forth the
related services to be delivered. The
plan shall comply with 1976 PA 451,
MCL 380.1 et seq. and these rules.
The plan shall also comply with the
following format and include, at a
minimum, all of the following:
(a) A description of the procedures
used by the intermediate school
district to advise and inform
students with disabilities, their
parents, and other members of the
community of the special education
opportunities required under the
law; the obligations of the local
academies, and intermediate school
district; and the title, address, and
telephone number of
representatives of those agencies
who can provide information about
the special education opportunities.
(b) A description of activities and
outreach methods which are used to
ensure that all citizens are aware of
the availability of special education
(c) A description of the type of
diagnostic and related services that
are available, either directly or as a
purchased service, within the
intermediate school district or its
constituent local school districts or
public school academies.
(d) A description of the special
education programs designed to
meet the educational needs of
students with disabilities.
(e) The intermediate school district
plan shall either describe special
education programs and services
under part 3 of these rules or shall
R 340.1832(a)-(n)
plan contains the following:
1. The procedures used by the
advise and inform students
with disabilities, their
parents, and other members
of the community of the
special education
opportunities.
2. The obligations of the local
academies, and intermediate
school district.
3. The title, address, and
telephone number of
representatives of those
agencies who can provide
information about the special
education opportunities.
4. A description of activities and
outreach methods used to
ensure that all citizens are
aware of the availability of
special education programs
and services.
5. A description of the type of
diagnostic and related
services available, either
directly or as a purchased
service.
6. A description of the special
education programs.
7. Either a description of the
and services according to part
3 of MARSE or a proposal for
the delivery of alternative
and services.
8. An assurance statement that
any personally identifiable
data, information, or records
of students with disabilities
are collected, used, or
Citation
propose alternative special
education programs and services.
(f) Provide an assurance statement
that any personally identifiable data,
information, and records of students
with disabilities are collected, used,
or maintained in compliance with 34
C.F.R. 300.610 through 300.626.
(g) The identity of the full- or parttime constituent local school district
or public school academy
administrator who, by position, is
responsible for the implementation
of special education programs and
services.
(h) A description of the
qualifications of paraprofessional
personnel.
(i) A description of the
transportation necessary to provide
the special education programs and
services described in subdivisions
(c), (d), and (e) of this subrule.
(j) A description of the method of
distribution of funds under
R 340.1811(5).
(k) A description of how the
intermediate school district will
appoint the parent advisory
committee members under
R 340.1838(1) and (2).
(l) A description of the role and
responsibilities of the parent
advisory committee, including how it
shall participate in the cooperative
development of the intermediate
school district plan, formulate
objections thereto, if any, and other
related matters.
(m) A description of the role and
relationship of administrative and
other school personnel, as well as
representatives of other agencies, in
assisting the parent advisory
committee in its responsibilities.
(n) A description of the fiscal and
staff resources that shall be secured
or allocated to the parent advisory
committee by the intermediate
school district to make it efficient
and effective in operation.
(o) The plan shall be approved by
the superintendent of public
Standard
9.
10.
11.
12.
13.
14.
15.
16.
Evidence of
Compliance
maintained in compliance
with confidentiality
regulations.
The identity of the full- or
part-time constituent public
agency administrators who,
by position, are responsible
for the implementation of
and services.
The qualifications of
paraprofessional personnel.
The transportation necessary
to provide the special
education programs and
services.
The method of distribution of
ISD millage funds.
A description of how the
intermediate school district
will appoint the parent
advisory committee
members.
The role and responsibilities
of the parent advisory
committee.
A description of the role and
relationship of administrative
and other school personnel.
The fiscal and staff resources
secured or allocated to the
parent advisory committee.
R 340.1832(o)
The plan was approved by the
Superintendent of Public
Instruction before
implementation.

Citation
Standard
Evidence of
Compliance
instruction before implementation

under R 340.1831(1). The plan is
developed and approved under
R 340.1833 and R 340.1835 to
R 340.1837.
Cooperative development and
review.
R 340.1833
Rule 133. (1) Intermediate school
district plans, or any modification
thereof, shall be developed in
cooperation with constituent local
committee.
Plan signatures.
R 340.1835
Rule 135. Each intermediate school
district plan, or modification thereof,
shall be signed by all of the
following:
(a) The intermediate school district
superintendent, signifying approval
by the intermediate school district
board.
(b) The superintendent of each
constituent local school district, the
chief executive officer of each public
school academy, and the
chairperson of the parent advisory
committee, signifying their
involvement in the development of
the intermediate school district plan.
Objections to the plan;
procedures.
R 340.1836
Rule 136. (1) Any constituent local
school district, public school
academy, or the parent advisory
committee may file objections with
the intermediate school district, in
whole or in part, to an approved
intermediate school district plan or a
plan modification that has been
submitted to the superintendent of
public instruction for approval.
Copies of an objection to the plan
shall, within 7 calendar days, be
directed to the department by the
intermediate school district board of
R 340.1833
Modifications to the plan were
done in cooperation with
constituent local school districts,
public school academies, and the
R 340.1835
plan or modification is signed by
all of the following:
1. The intermediate school
district superintendent.
2. The superintendent of each
constituent local school
district.
3. Chief executive officer of each
public school academy.
4. The Chairperson of the parent
advisory committee.
R 340.1836(1)
If an objection to an intermediate
school district plan is filed:
1. Within seven calendar days,
the intermediate school
district board of education
forwarded the objection to
the department and to all
constituent public agencies
and the parent advisory
committee by certified mail.
2. The portions of the
plan objected to were
Citation
education and to all constituent
local school districts, public school
committee by certified mail, return
receipt requested. Objections filed
shall specify the portions of the
objected to, contain a specific
statement of the reasons for
objection, and shall propose
alternative provisions.
(2) A hearing officer shall be
designated by the department
and shall promptly give reasonable
notice of the hearing. The hearing
shall begin not later than 30
calendar days from the date the
request was filed with the
department. The hearing shall be
conducted according to procedures
established by the department.
After the appointment of the
hearing officer, the objection may
be withdrawn upon written
stipulation of the intermediate
school district and the objecting
party.
(3) The intermediate school district,
a constituent local school district, a
public school academy, or the
parent advisory committee may file,
with the department, a response to
the objection before the hearing.
(4) Within 30 calendar days after
the closing of the hearing, the
hearing officer shall report findings
of fact and conclusions of law and
shall recommend to the
whether the intermediate school
district plan or modification to the
plan should be approved as
submitted, approved with such
other modifications as deemed
appropriate by the hearing officer,
or the objections granted as
submitted. The findings and
recommendations shall be
immediately mailed by the
department to all parties to the
intermediate school district plan.
Any party may file written
exceptions to the findings and
Standard
Evidence of
Compliance
specified.
3. The objection specified the
reasons for objection.
4. The objection proposed
alternative provisions.

Citation
Standard
Evidence of
Compliance
recommendations with the

within 20 calendar days of receipt of
the findings and recommendations
and direct copies of the exceptions
to all other parties and the
department. The findings and
recommendations of the hearing
officer, including any exceptions,
shall be submitted to the
with the intermediate school district
plan. The superintendent of public
instruction shall render a final
decision within 30 calendar days
from the date the exceptions were
to be filed.
Approval of intermediate school
district plans.
R 340.1837
Rule 137. (1) Intermediate school
district plans, or modification
thereof, or any changes to the
based on an objection to the plan,
shall be approved by the
under R 340.1836. The intermediate
school district plans or modifications
shall be in compliance with all of the
following:
(a) The provisions of sections 1701
to 1766 of 1976 PA 451, MCL
380.1701 to 380.1766.
(b) Michigan rules promulgated to
implement statutory provisions for
services.
(c) The individuals with disabilities
education act, 20 U.S.C. 1400 et
seq., and its implementing
regulations, 34 C.F.R. 300.1 et
seq., adopted by reference in
R 340.1701.
(2) The intermediate school district
superintendent, or superintendent's
designee, shall advise each
constituent local school district
superintendent, each chief executive
officer of a public school academy,
and the chairperson of the parent
advisory committee as to whether
R 340.1837(1)
plan was approved by the
Instruction.
R 340.1837(1)(a),(b),(c)
plan is in compliance with:
1. The provisions of sections
1701 to 1766 of 1976 PA
451, MCL 380.1701 to
380.1766.
2. The Michigan Administrative
Rules for Special Education
promulgated to implement
statutory provisions for
and services.
3. The Individuals with
Disabilities Education Act and
its implementing regulations.
R 340.1837(2)
The superintendent or designee
informed each constituent
superintendent, each chief
executive officer of a public
school academy, and the
chairperson of the parent
advisory committee as to whether
the intermediate school district
Citation
the intermediate school district plan
was approved by the superintendent
of public instruction.
Parent advisory committee.
R 340.1838
Rule 138. (1) A parent advisory
committee shall be appointed by
each intermediate school district
board.
(a) The parent advisory committee
and its officers shall consist only of
parents of students with disabilities
with at least 1 parent from each
constituent local school district and
public school academy unless no
parent agrees to serve on the
parent advisory committee to
represent the constituent local
school district or public school
academy.
(b) Each constituent local school
district board of education and each
public school academy board of
directors shall nominate at least 1
parent.
(c) The intermediate school district
board of education may nominate
additional members not to exceed
33 1/3% of the total parent advisory
committee membership.
board of education shall make every
attempt to assure that all types of
impairments and all identifiable
organizations of parents of students
with disabilities within the
intermediate school district are
represented on the parent advisory
committee.
board of education may recommend
operational procedures for parent
advisory committee review and
adoption.
shall secure or allocate fiscal and
staff resources to the parent
advisory committee to make it
efficient and effective in operation.
(5) The parent advisory committee
is responsible for determining and
documenting, in writing, the
Standard
Evidence of
Compliance
plan was approved by the

Instruction.
R 340.1838(1)
A parent advisory committee has
been appointed by the
board.
R 340.1838(1)(a),(b),(c),(2),(4)
The parent advisory committee
meets the following criteria:
1. At least one parent from each
constituent public agency was
nominated by the local school
district board of education.
2. No more than 33 1/3 percent
of the members were
nominated by the
board of education.
district board of education
made an attempt to ensure
that all types of impairments
and all identifiable
organizations of parents of
students with disabilities
within the intermediate
school district were
represented on the parent
advisory committee.
district secured or allocated
fiscal and staff resources to
support the operation of the
R 340.1838(6)
The parent advisory committee
participated in the development
of the intermediate school district
plan or any modification to the
plan.

Citation
Standard
Evidence of
Compliance
organizational structure of the

committee, including all of the
following:
(a) Officers and their
responsibilities.
(b) Meeting times.
(c) Notice of meeting times.
(d) Voting procedures.
(e) Terms of office.
(f) Related matters.
shall participate in the development
of the intermediate school district's
plan or any modification of the plan
for the delivery of special education
programs and services as required
by R 340.1833.
may provide advisory input on any
matters that the committee deems
appropriate to the improvement of
special education services within the
intermediate school district.

Student Records: Page VII-1
Citation
Standard
Evidence of
Compliance
VII. Student Records

Opportunity to examine records;
parent participation in meetings.
300.501
(a) Opportunity to examine records.
The parents of a child with a
disability must be afforded, in
accordance with the procedures of
300.613 through 300.621, an
opportunity to inspect and
review all education records with
respect to
(1) The identification, evaluation,
child; and (2) The provision of FAPE
to the child.
(b) Parent participation in meetings.
(1) The parents of a child with a
disability must be afforded an
opportunity to participate in
meetings with respect to
(i) The identification, evaluation,
child; and
(ii) The provision of FAPE to the
child.
(2) Each public agency must provide
notice consistent with
300.322(a)(1) and (b)(1) to
ensure that parents of children with
disabilities have the opportunity to
participate in meetings described in
paragraph (b)(1) of this section.
(3) A meeting does not include
informal or unscheduled
conversations involving public
agency personnel and conversations
on issues such as teaching
methodology, lesson plans, or
coordination of service provision. A
meeting also does not include
preparatory activities that public
agency personnel engage in to
develop a proposal or response to a
parent proposal that will be
discussed at a later meeting.
(c) Parent involvement in placement
decisions. (1) Each public agency
must ensure that a parent of each
child with a disability is a member of
any group that makes decisions on
the educational placement of the
300.501(a)
The parent is afforded the
opportunity to inspect and review
educational records related to:
1. Identification
2. Evaluation
3. Educational placement
4. Provision of FAPE
300.501(b)(1)
The parent of the student was
participate in meetings with
respect to:
1. Identification
2. Evaluation
3. Educational placement
4. Provision of FAPE
300.501(b)(2)
The public agency provided notice
to the parents, including the
purpose, time, and location of the
meeting, to ensure that at least
one of the parents had the
opportunity to participate in
meetings.
300.501(c)(1)
The parent is a member of any
group that makes decisions on
the educational placement of the
student.
300.501(c)(2)
The public agency used
procedures consistent with the
procedures described in
300.322(a) through (b)(1).
300.501(c)(3)
If neither parent can participate
in a meeting in which a decision
is to be made relating to the
educational placement of their
child, the public agency used
other methods to ensure their
participation, including individual
Citation
parents child.
requirements of paragraph (c)(1) of
this section, the public agency must
use procedures consistent with the
procedures described in
300.322(a) through (b)(1).
(3) If neither parent can participate
in a meeting in which a decision is
to be made relating to the
educational placement of their child,
the public agency must use other
methods to ensure their
participation, including individual or
conference telephone calls, or video
conferencing.
(4) A placement decision may be
made by a group without the
involvement of a parent, if the
public agency is unable to obtain the
parents participation in the
decision. In this case, the public
agency must have a record of its
attempt to ensure their
involvement.
Confidentiality.
300.610
The Secretary takes appropriate
action, in accordance with section
444 of GEPA, to ensure the
protection of the confidentiality of
any personally identifiable data,
information, and records collected or
maintained by the Secretary and by
SEAs and LEAs pursuant to Part B of
the Act, and consistent with
300.611 through 300.627.
Access rights.
300.613
(a) Each participating agency must
permit parents to inspect and review
any education records relating to
their children that are collected,
maintained, or used by the agency
under this part. The agency must
comply with a request without
unnecessary delay and before any
meeting regarding an IEP, or any
hearing pursuant to 300.507 or
300.530 through 300.532, or
resolution session pursuant to
Standard
Evidence of
Compliance
or conference telephone calls, or

video conferencing.
300.501(c)(4)
If neither parent participated in a
meeting related to the
educational placement, the public
agency kept a record of its
attempts to ensure involvement.
300.610
The public agency ensures the
protections of confidentiality of
any personally identifiable data,
information, and records collected
or maintained by the public
agency.
300.613(a)
The public agency permits the
parent to inspect and review
education records as follows:
1. Without unnecessary delay.
2. Before any meeting regarding
an IEP or any hearing.
3. In no case later than 45 days
after the request has been
made.

Citation
300.510, and in no case more
than 45 days after the request has
been made.
(b) The right to inspect and review
education records under this section
includes
(1) The right to a response from the
participating agency to reasonable
requests for explanations and
interpretations of the records;
(2) The right to request that the
agency provide copies of the records
containing the information if failure
to provide those copies would
effectively prevent the parent from
exercising the right to inspect and
review the records; and
(3) The right to have a
representative of the parent inspect
and review the records.
(c) An agency may presume that
the parent has authority to inspect
and review records relating to his or
her child unless the agency has
been advised that the parent does
not have the authority under
applicable State law governing such
matters as guardianship, separation,
and divorce.
Record of access.
300.614
Each participating agency must keep
a record of parties obtaining access
to education records collected,
maintained, or used under Part B of
the Act (except access by parents
and authorized employees of the
participating agency), including the
name of the party, the date access
was given, and the purpose for
which the party is authorized to use
the records.
Records on more than one child.
300.615
If any education record includes
information on more than one child,
the parents of those children have
the right to inspect and review only
the information relating to their
child or to be informed of that
specific information.
Standard
Evidence of
Compliance
300.613(b)
The right to inspect and review
records includes:
1. A response from the
participating agency to
reasonable requests for
explanations and
interpretations.
2. A request that the agency
provide copies of the records
if failure to provide those
copies would prevent the
parent from exercising the
right to inspect and review
the records.
3. A request to have a
representative of the parent
to inspect and review the
records.
300.614
The public agency keeps a record
of parties obtaining access to
education records collected,
maintained, or used under Part B
of the Act, including the name of
the party, the date access was
given, and the purpose for which
the party was authorized to use
the records.
300.615
If any education record includes
information on more than one
student, the parent was allowed
to inspect and review only the
information relating to their own
child.
Citation
List of types and locations of
information.
300.616
Each participating agency must
provide parents on request a list of
the types and locations of education
records collected, maintained, or
used by the agency.
Fees.
300.617
(a) Each participating agency may
charge a fee for copies of records
that are made for parents under this
part if the fee does not effectively
prevent the parents from exercising
their right to inspect and review
those records.
(b) A participating agency may not
charge a fee to search for or to
retrieve information under this part.
Amendment of records at
parents request.
300.618
(a) A parent who believes that
information in the education records
collected, maintained, or used under
this part is inaccurate or misleading
or violates the privacy or other
rights of the child may request the
participating agency that maintains
the information to amend the
information.
(b) The agency must decide whether
to amend the information in
accordance with the request within a
reasonable period of time of receipt
of the request.
(c) If the agency decides to refuse
to amend the information in
accordance with the request, it must
inform the parent of the refusal and
advise the parent of the right to a
hearing under 300.619.
Opportunity for a hearing.
300.619
The agency must, on request,
provide an opportunity for a hearing
to challenge information in
Standard
Evidence of
Compliance
300.616
The public agency provided, at
the parents request, a list of the
types and locations of education
records collected, maintained, or
used by the agency.
300.617(a)
If a public agency charged a fee
for copies of records, the fee did
not prevent the parent from
exercising their right to inspect
and review those records.
300.617(b)
The public agency did not charge
a fee to search or retrieve
records.
300.618(b),(c)
If a parent requested the
amendment of an education
record, the public agency decided
whether to amend the
information in accordance with
the request within a reasonable
amount of time, and either:
1. Amended the information in
accordance with the request;
or
2. Refused to amend the
information and informed the
parent of the right to a
hearing.
300.619
If a parent requested a hearing to
challenge information in an
Citation
Standard
education records to ensure that it

is not inaccurate, misleading, or
otherwise in violation of the privacy
or other rights of the child.
educational record, the public

agency provided an opportunity
for a hearing to challenge the
information in education records.
Result of hearing.
300.620
(a) If, as a result of the hearing, the
agency decides that the information
is inaccurate, misleading or
or other rights of the child, it must
amend the information accordingly
and so inform the parent in writing.
(b) If, as a result of the hearing, the
agency decides that the information
is not inaccurate, misleading, or
or other rights of the child, it must
inform the parent of the parents
right to place in the records the
agency maintains on the child a
statement commenting on the
information or setting forth any
reasons for disagreeing with the
decision of the agency.
(c) Any explanation placed in the
records of the child under this
section must
(1) Be maintained by the agency as
part of the records of the child as
long as the record or contested
portion is maintained by the
agency; and
(2) If the records of the child or the
contested portion is disclosed by the
agency to any party, the
explanation must also be disclosed
to the party.
Safeguards.
300.623
(a) Each participating agency must
protect the confidentiality of
personally identifiable information at
collection, storage, disclosure, and
destruction stages.
(b) One official at each participating
agency must assume responsibility
for ensuring the confidentiality of
Evidence of
Compliance
300.620(a)
If, as a result of the hearing, the
agency decided that the
information was inaccurate,
misleading, or otherwise in
violation of the privacy or other
rights of the student, the public
agency:
1. Amended the information
accordingly.
2. Informed the parent in
writing.
300.620(b)
If, as a result of the hearing, the
agency decided that the
information was not inaccurate,
misleading, or otherwise in
violation of the privacy or other
rights of the student, the public
agency informed the parent of
the parents right to place in the
records:
1. A statement commenting on
the information; or
2. Any reasons for disagreeing
with the decision of the
agency.
300.620(c)
If an explanation was placed in
the records, it was maintained by
the public agency and was
disclosed to any party requesting
the records.
300.623
The public agency ensures:
1. The protection of
confidentiality of personally
identifiable information at
collection, storage,
disclosure, and destruction
stages.
Citation
Standard
any personally identifiable

information.
(c) All persons collecting or using
personally identifiable information
must receive training or instruction
regarding the States policies and
procedures under 300.123 and
34 CFR part 99.
(d) Each participating agency must
maintain, for public inspection, a
current listing of the names and
positions of those employees within
the agency who may have access to
personally identifiable information.
2. That one official has assumed

responsibility for ensuring the
confidentiality of any
personally identifiable
information.
3. All persons collecting or using
information received training
or instruction regarding the
states policies and
procedures.
4. A current listing of the names
and positions of those
employees within the agency
who may have access to
information is maintained.
Destruction of information.
300.624
(a) The public agency must inform
parents when personally identifiable
information collected, maintained,
or used under this part is no longer
needed to provide educational
services to the child.
(b) The information must be
destroyed at the request of the
parents. However, a permanent
record of a students name, address,
and phone number, his or her
grades, attendance record, classes
attended, grade level completed,
and year completed may be
maintained without time limitation.
Evidence of
Compliance
300.624
The public agency:
1. Informs the parents when
information used under this
part is no longer needed to
provide educational services
to the student.
2. Destroys educational records
at the request of the parent.
Records; maintenance; content;

transfer of records; release of
records.
R 340.1861
R 340.1861(1)
Rule 161. (1) A registry shall be
maintained by intermediate school
district maintains an
districts under procedures
operational and timely
established by the department and
database system that
under the provisions of 1976 PA 451,
includes all students with
MCL 380.1711, for all students with
disabilities, including students
disabilities, as defined by
placed in state and privately
R 340.1702, including students
operated facilities.
placed in state and privately operated
facilities. The registry shall be an
2. Each local district, public
operational, active database system
school academy, or state
with the capacity to provide up-toagency provides the
date student counts and other data
Citation
Standard
requirements to the department on a

timely basis. Each constituent local
school district, public school
academy, or state agency shall
provide the intermediate school
district with a complete updated data
record for each student with a
disability. The updated record shall
contain full-time equivalency data for
each student enrolled in a special
education program by the student
count dates required in the state
school aid act, 1979 PA 94, MCL
388.1601 et seq., and shall contain
each student's data enrolled in
programs and services by the student
count date required by the
regulations implementing the
individuals with disabilities education
act, 34 C.F.R. 300.1 et seq.
(2) If the residency of a student with
a disability changes from one
another, then the intermediate school
district of previous residence shall
transfer the records maintained
under this rule to the new
intermediate school district upon
written request of the intermediate
school district of residence and the
parent of the student with a disability
for whom the record was maintained.
(3) Public agencies shall comply
with 34 C.F.R. 300.610 to 300.626.
with a complete updated data

record for each student with a
disability.
3. The records contain the
following:
a. Full-time equivalency
data for each student
enrolled in special
education.
b. Data for each student
enrolled in programs and
services by the count
dates.
Evidence of
Compliance
R 340.1861(2)
Student records are transferred
to a new intermediate school
district upon written request.

This page has been


Birth to Three: Page VIII-1
Citation
Standard
VIII.
Transition of children from the

Part C program to preschool
programs.
300.124
The State must have in effect
policies and procedures to ensure
that
(a) Children participating in early
intervention programs assisted
under Part C of the Act, and who will
participate in preschool programs
assisted under Part B of the Act,
experience a smooth and effective
transition to those preschool
programs in a manner consistent
with section 637(a)(9) of the Act;
(b) By the third birthday of a child
described in paragraph (a) of this
section, an IEP or, if consistent with
300.323(b) and section 636(d) of
the Act, an IFSP, has been
developed and is being implemented
for the child consistent with
300.101(b); and
(c) Each affected LEA will participate
in transition planning conferences
arranged by the designated lead
agency under section 635(a)(10) of
the Act.
Individualized family service
plan; time lines; eligibility.
R 340.1862
Rule 162. (1) Eligibility for Michigan
special education services for all
children with a disability birth to age
3 shall be determined by and
documented in an individualized
family service plan.
(2) Evaluations conducted to
determine eligibility for Michigan
special education services shall
meet the requirements of
34 CFR part 303 and R 340.1705 to
R 340.1717.
(3) Determination of eligibility for
Michigan special education services,
for a child birth to 3 with a disability
shall follow all time lines and
requirements pursuant to
34 CFR part 303.
Evidence of
Compliance
Birth to Three
300.124(b)
By the third birthday of a student
participating in early intervention
services under Part C, an IEP was
developed and implemented for
the child.
300.124(c)
Each affected LEA participated in
transition planning conferences
arranged by the designated lead
agency.
R 340.1862(1)
The child has a current
individualized family service plan
(IFSP) that documents eligibility
for Michigan Special Education
Services.
R 340.1862(2)
The evaluation meets the
requirements of 34 CFR part 303
and R 340.1705 to R 340.1717.
R 340.1862(3)
The determination of eligibility
followed the time lines of 34 CFR
part 303.

Birth to Three: Page VIII-2
Citation
Standard
(4) Special education services for

children birth to 3 with disabilities
shall be all of the following:
(a) Determined by the childs
individual needs and specified in an
individualized family service plan.
(b) Provided by an approved or
education teacher or approved
related services staff.
(c) Provided for not less than 72
clock hours over 1 year. The time
line begins upon receipt of signed
parental consent to provide
services.
(d) Provided in an appropriate early
childhood setting, school setting,
community setting, or family
setting.
(e) Have a parent participation and
education component.
(5) Approved related services staff
shall work under the educational
direction of an approved or
education teacher.
R 340.1862(4)
Special education services for
children birth to 3 with disabilities
shall be all of the following:
Evidence of
Compliance
1. Determined by the child's

individual needs and specified
in an IFSP.
2. Provided by an approved or
endorsed early childhood
special education teacher or
approved related services
staff.
3. Provided for not less than 72
clock hours over 1 year. The
time line begins upon receipt
of signed parental consent to
provide services.
4. Provided in an appropriate
early childhood setting, school
setting, community setting, or
family setting.
5. Have a parent participation
and education component.
R 340.1862(5)
There is documentation that
approved related services staff
work under the educational
direction of an approved or
education teacher.
For additional requirements of

services for students age zero to
three see Early On Monitoring
Standards.

Students Enrolled by Their Parents in Private Schools: Page IX-1
Citation
Standard
Evidence of
Compliance
IX. Students Enrolled by Their Parents in Private Schools

Services plan.
300.37
Services plan means a written
statement that describes the special
education and related services the
LEA will provide to a parentallyplaced child with a disability enrolled
in a private school who has been
designated to receive services,
including the location of the services
and any transportation necessary,
consistent with 300.132, and is
developed and implemented in
through 300.139.
Child find for parentally placed
private school children with
disabilities.
300.131
(a) General. Each LEA must locate,
identify, and evaluate all children
with disabilities who are enrolled by
their parents in private, including
religious, elementary schools and
secondary schools located in the
school district served by the LEA, in
accordance with paragraphs (b)
through (e) of this section, and
300.111 and 300.201.
(b) Child find design. The child find
process must be designed to
ensure
(1) The equitable participation of
parentally-placed private school
children; and
(2) An accurate count of those
children.
(c) Activities. In carrying out the
requirements of this section, the
LEA, or, if applicable, the SEA, must
undertake activities similar to the
activities undertaken for the
agencys public school children.
(d) Cost. The cost of carrying out
the child find requirements in this
section, including individual
evaluations, may not be considered
in determining if an LEA has met its
obligation under 300.133.
(e) Completion period. The child find
300.37
The services plan includes the
following:
1. A description of the special
services to be provided to the
student.
2. Location of the services.
3. Any necessary transportation.
300.131(a),(b),(c)
The child find process in effect in
the public agency includes
students with disabilities who are
enrolled by their parents in
private schools located in the
school district, served by the
public agency and includes:
1. The equitable participation of
parentally-placed private
school students.
2. An accurate count of those
students.
3. Activities similar to the
activities undertaken for the
agencys public school
students.
300.131(d)
The cost of carrying out the child
find requirements of this section,
including individual evaluations,
is not considered in determining if
a public agency has met its
proportionate share.
300.131(e)
The child find process was
completed within 30 school days.

Citation
process must be completed in a
time period comparable to that for
students attending public schools in
the LEA consistent with 300.301.
(f) Out-of-State children. Each LEA
in which private, including religious,
elementary schools and secondary
schools are located must, in carrying
out the child find requirements in
this section, include parentallyplaced private school children who
reside in a State other than the
State in which the private schools
that they attend are located.
Provision of services for
children with disabilitiesbasic
requirement.
300.132
(a) General. To the extent
consistent with the number and
location of children with disabilities
who are enrolled by their parents in
private, including religious,
elementary schools and secondary
schools located in the school district
served by the LEA, provision is
made for the participation of those
children in the program assisted or
carried out under Part B of the Act
by providing them with special
education and related services,
including direct services determined
in accordance with 300.137,
unless the Secretary has arranged
for services to those children under
the by-pass provisions in
300.190 through 300.198.
(b) Services plan for parentallyplaced private school children with
disabilities. In accordance with
paragraph (a) of this section and
300.137 through 300.139, a
services plan must be developed
and implemented for each private
school child with a disability who
has been designated by the LEA in
which the private school is located
to receive special education and
related services under this part.
(c) Record keeping. Each LEA must
maintain in its records, and provide
Standard
Evidence of
Compliance
300.131(f)
The child find process includes
students who reside in another
state.
300.132(a)
Part B special education and
related services, including direct
services, were provided to those
students in the program as
determined in accordance with
300.137.
300.132(b)
A services plan was developed
and implemented for each private
school student with a disability
who has been designated by the
LEA in which the private school is
located to receive special
300.132(c)
The public agency maintains in its
records and provides to the state
educational agency the following
information related to parentallyplaced private school students:
1. The number of students
evaluated.
determined to be students
with disabilities.
served.

Citation
Standard
Evidence of
Compliance
to the SEA, the following

information related to parentallyplaced private school children
covered under 300.130 through
300.144:
(1) The number of children
evaluated;
(2) The number of children
determined to be children with
disabilities; and
(3) The number of children served.
Expenditures
300.133
(a) Formula. To meet the
requirement of 300.132(a), each
LEA must spend the following on
providing special education and
related services (including direct
services) to parentally-placed
disabilities:
(1) For children aged 3 through 21,
an amount that is the same
proportion of the LEAs total
subgrant under section 611(f) of the
Act as the number of private school
children with disabilities aged 3
through 21 who are enrolled by
their parents in private, including
religious, elementary schools and
secondary schools located in the
school district served by the LEA, is
to the total number of children with
disabilities in its jurisdiction aged 3
through 21.
(2)(i) For children aged three
through five, an amount that is the
same proportion of the LEAs total
subgrant under section 619(g) of
the Act as the
number of parentally-placed private
school children with disabilities aged
three through five who are enrolled
by their parents in a private,
including religious, elementary
school located in the school district
served by the LEA, is to the total
number of children with disabilities
in its jurisdiction aged three through
five.
(ii) As described in paragraph
(a)(2)(i) of this section, children
300.133(a)(1)
For students aged 3 through 21,
an amount that is the same
proportion of the public agencys
total IDEA subgrant as the
number of private school
students with disabilities aged 3
through 21 who are enrolled by
their parents in private schools
located in the district served by
the public agency, is to the total
number of students with
disabilities in its jurisdiction aged
3 through 21.
300.133(a)(2)(i)
For children aged three through
five, an amount that is the same
proportion of the public agencys
total IDEA subgrant as the
number of parentally-placed
private school students with
disabilities aged three through
five who are enrolled by their
parents in a private elementary
school located in the school
district served by the LEA, is to
the total number of students with
disabilities in its jurisdiction aged
three through five.
300.133(a)(3)
If an LEA has provided equitable
services, but has not expended
all of the funds set aside for
proportionate share by the end of
the fiscal year, the public agency
obligated the remaining funds for
Citation
aged three through five are
considered to be parentallyplaced private school children
with disabilities enrolled by their
parents in private, including
religious, elementary schools, if they
are enrolled in a private school that
meets the definition of elementary
school in 300.13.
(3) If an LEA has not expended for
equitable services all of the funds
described in paragraphs (a)(1) and
(a)(2) of this section by the end of
the fiscal year for which Congress
appropriated the funds, the LEA
must obligate the remaining funds
for special education and related
services (including direct services)
to parentally-placed private school
children with disabilities during a
carry-over period of one additional
year.
(b) Calculating proportionate
amount. In calculating the
proportionate amount of Federal
funds to be provided for parentallyplaced private school children with
disabilities, the LEA, after timely and
meaningful consultation with
representatives of private schools
under 300.134, must conduct a
thorough and complete child find
process to determine the number of
parentally-placed children with
disabilities attending private schools
located in the LEA. (See Appendix B
for an example of how proportionate
share is calculated).
(c) Annual count of the number of
children with disabilities. (1) Each
LEA must
(i) After timely and meaningful
consultation with representatives of
children with disabilities (consistent
with 300.134), determine the
number of parentally-placed private
school children with disabilities
attending private schools located in
the LEA; and
(ii) Ensure that the count is
conducted on any date between
Standard
Evidence of
Compliance
services to parentally-placed
disabilities during a carry-over
period of one additional year.
300.133(b)
The public agency calculated the
proportionate amount of federal
funds to be provided for
children with disabilities:
1. Conducted timely and
meaningful consultation with
representatives of private
schools.
2. Conducted a thorough and
complete child find process to
determine the number of
parentally-placed children
with disabilities attending
private schools located in the
LEA.
3. Determined the number of
school children with
schools located in the LEA.
4. Counted the number of
schools located in the LEA
between October 1 and
December 1, inclusive, of
each year.
300.133(c)(2)
The public agency used the
student count to determine the
amount that the public agency
must spend on providing special
education and related services to
children with disabilities in the
next subsequent fiscal year.
300.133(d)
The public agency supplemented
state and local funds and in no
case supplanted the
proportionate amount of federal
funds required to be expended for
Citation
October 1 and December 1,
inclusive, of each year.
(2) The count must be used to
determine the amount that the LEA
must spend on providing special
children with disabilities in the next
subsequent fiscal year.
(d) Supplement, not supplant. State
and local funds may supplement and
in no case supplant the
proportionate amount of Federal
funds required to be expended for
children with disabilities under this
part.
Consultation.
300.134
To ensure timely and meaningful
consultation, an LEA, or, if
appropriate, an SEA, must consult
with private school representatives
and representatives of parents of
children with disabilities during the
design and development of special
education and related services for
the children regarding the following:
(a) Child find. The child find
process, including
(1) How parentally-placed private
school children suspected of having
a disability can participate
equitably; and
(2) How parents, teachers, and
private school officials will be
informed of the process.
(b) Proportionate share of funds.
proportionate share of Federal funds
available to serve parentally-placed
disabilities under 300.133(b),
including the determination of how
the proportionate share of those
funds was calculated.
(c) Consultation process. The
consultation process among the
LEA, private school officials, and
representatives of parents of
Standard
Evidence of
Compliance
children with disabilities under

this part.
300.134(a)
The public agency consulted with
private school representatives
and the parent of parentallyplaced private school students
with disabilities during the design
and development of special
regarding the child find process,
including:
1. How parentally-placed private
school students suspected of
having a disability
participated equitably.
2. How parents, teachers, and
private school officials were
informed of the process.
300.134(b)
proportionate share of federal
funds available to serve
students with disabilities included
the determination of how the
proportionate share was
calculated.
300.134(c)
The consultation process among
the public agency, private school
officials, and representatives of
parents of parentally-placed
Citation
children with disabilities, including
how the process will operate
throughout the school year to
ensure that parentally-placed
children with disabilities identified
through the child find process can
meaningfully participate in special
(d) Provision of special education
and related services. How, where,
and by whom special education and
related services will be provided for
children with disabilities, including a
discussion of
(1) The types of services, including
direct services and alternate service
delivery mechanisms; and
(2) How special education and
related services will be apportioned
if funds are insufficient to serve all
children; and
(3) How and when those decisions
will be made;
(e) Written explanation by LEA
regarding services. How, if the LEA
disagrees with the views of the
private school officials on the
provision of services or the types of
services (whether provided directly
or through a contract), the LEA will
provide to the private school officials
a written explanation of the reasons
why the LEA chose not to provide
services directly or through a
contract.
Written affirmation.
300.135
(a) When timely and meaningful
consultation, as required by
300.134, has occurred, the LEA
must obtain a written affirmation
signed by the representatives
of participating private schools.
(b) If the representatives do not
provide the affirmation within a
reasonable period of time, the LEA
must forward the documentation of
the consultation process to the SEA.
Standard
Evidence of
Compliance

disabilities, including how the
process will operate throughout
the school year.
300.134(d)
The public agency has a
discussion about how, where, and
by whom special education and
related services will be provided,
including a discussion of:
1. The types of services,
including direct services and
alternate service delivery
mechanisms.
2. How special education and
related services will be
apportioned if funds are
insufficient to serve all
school children.
3. How and when those
decisions will be made.
300.134(e)
1. The LEA provides written
explanation of how the LEA
will provide services to the
private school officials.
2. If the LEA disagrees with the
views of the private school
officials on the provision of
services or the types of
services, there is a written
explanation of the reasons
why the LEA chose not to
provide services directly or
through a contract.
300.135(a)
If timely and meaningful
consultation occurred, the public
agency obtained a written
affirmation signed by the
representatives of participating
private schools.
300.135(b)
If the affirmation was not
received within a reasonable
period of time, the public agency
Citation
Standard
Evidence of
Compliance
forwarded documentation of the

consultation process to the state
educational agency.
Equitable services determined.
300.137
(a) No individual right to special
education and related services. No
child with a disability has an
individual right to receive some or
all of the special education and
related services that the child would
receive if enrolled in a public school.
(b) Decisions. (1) Decisions about
the services that will be provided to
children with disabilities under
300.130 through 300.144 must
be made in accordance with
paragraph (c) of this section and
300.134(d).
(2) The LEA must make the final
decisions with respect to the
services to be provided to eligible
children with disabilities.
(c) Services plan for each child
served under 300.130 through
300.144. If a child with a disability
is enrolled in a religious or other
private school by the childs parents
and will receive special education or
related services from an LEA, the
LEA must
(1) Initiate and conduct meetings to
develop, review, and revise a
services plan for the child, in
accordance with 300.138(b); and
(2) Ensure that a representative of
the religious or other private school
attends each meeting. If the
representative cannot attend, the
LEA shall use other methods to
ensure participation by the religious
or other private school, including
individual or conference telephone
calls.
Equitable services provided.
300.138
(a) General. (1) The services
provided to parentally-placed
300.137
If a student is enrolled in a
private school by the students
parent and receives special
education or related services
from a public agency, the public
agency:
1. Initiated and conducted
meetings to develop, review,
and revise a services plan for
the student.
2. Ensured that a representative
of the private school attended
each meeting.
a. If the representative did
not attend, the public
agency used other
methods to ensure
participation by the private
school, including individual
or conference telephone
calls.
300.138(a)(1)
The personnel providing services
Citation
Standard

disabilities must be provided by
personnel meeting the same
standards as personnel providing
services in the public schools,
except that private elementary
school and secondary school
teachers who are providing
equitable services to parentallyplaced private school children with
disabilities do not have to meet the
highly qualified special education
teacher requirements of 300.18.
(2) Parentally-placed private school
children with disabilities may receive
a different amount of services than
children with disabilities in public
schools.
(b) Services provided in accordance
with a services plan. (1) Each
parentally placed private school
child with a disability who has been
designated to receive services under
300.132 must have a services
plan that describes the specific
services that the LEA will provide to
the child in light of the services that
the LEA has determined, through
the process described in 300.134
and 300.137, it will make available
to parentally-placed private school
children with disabilities.
(2) The services plan must, to the
extent appropriate
(i) Meet the requirements of
300.320, or for a child ages three
through five, meet the requirements
of 300.323(b) with respect to the
services provided; and
(ii) Be developed, reviewed, and
revised consistent with 300.321
through 300.324.
(c) Provision of equitable services.
(1) The provision of services
pursuant to this section and
300.139 through 300.143 must
be provided:
(i) By employees of a public agency;
or
(ii) Through contract by the public
agency with an individual,
association, agency, organization, or
to parentally-placed private
school students with disabilities
meets the same standards as
those who provide services in the
public schools with the exception
of having to meet the highly
qualified special education
teacher requirements.
Evidence of
Compliance
300.138(b)
The services plan:
1. Describes the specific special
services that the LEA will
provide for each parentallyplaced private school student
with a disability that has been
designated to receive
services.
2. Meets the requirements of
300.320, or for a child ages
three through five, meets the
requirements of 300.323(b)
with respect to the services
provided.
3. Was developed, reviewed,
and revised consistent with
300.321 through 300.324.
300.138(c)(1)
The services pursuant to this
section and 300.139 through
300.324 were provided:
1. By employees of a public
agency; or
2. Through contract by the
public agency with an
individual, association,
agency, organization, or
other entity.
300.138(c)(2)
The special education and related
services provided to parentallyplaced private school students
with disabilities, including
materials and equipment, are
secular, neutral, and nonideological.

Citation
Standard
Evidence of
Compliance
other entity.
(2) Special education and related
services provided to parentallyplaced private school children with
disabilities, including materials and
equipment, must be secular,
neutral, and nonideological.
Location of services and
transportation.
300.139
(a) Services on private school
premises. Services to parentallyplaced private school children with
disabilities may be provided on the
premises of private, including
religious, schools, to the extent
consistent with law.
(b) Transportation(1) General. (i)
If necessary for the child to benefit
from or participate in the services
provided under this part, a
child with a disability must be
provided transportation
(A) From the childs school or the
childs home to a site other than the
private school; and
(B) From the service site to the
private school, or to the childs
home, depending on the timing of
the services.
(ii) LEAs are not required to provide
transportation from the childs home
to the private school.
(3) Cost of transportation. The cost
of the transportation described in
paragraph (b)(1)(i) of this section
may be included in calculating
whether the LEA has met the
requirement of 300.133.
Requirement that funds not
benefit a private school.
300.141
(a) An LEA may not use funds
provided under section 611 or 619
of the Act to finance the existing
level of instruction in a private
school or to otherwise benefit the
private school.
(b) The LEA must use funds
provided under Part B of the Act to
300.139(b)(1)
If necessary for the student to
benefit from or participate in the
services, the student was
provided transportation from:
1. The students school or the
students home to a site other
than the private school.
2. The service site to the private
school, or to the students
home, depending on the
timing of the services.
300.141
Federal funds are:
1. Not used to finance the
existing level of instruction in
a private school or to
otherwise benefit the private
school.
2. Used to meet the special
Citation
Standard
meet the special education and

related services needs of parentallyplaced private school children with
disabilities, but not for meeting
(1) The needs of a private school; or
(2) The general needs of the
students enrolled in the private
school.

services needs of parentallyplaced private school children
with disabilities.
3. Not used for meeting the
needs of a private school.
4. Not used for meeting the
general needs of the students
enrolled in the private school.
Use of personnel.
300.142
(a) Use of public school personnel.
An LEA may use funds available
under sections 611 and 619 of the
Act to make public school personnel
available in other than public
facilities
(1) To the extent necessary to
provide services under 300.130
through 300.144 for parentallyplaced private school children with
disabilities; and
(2) If those services are not
normally provided by the private
school.
(b) Use of private school personnel.
An LEA may use funds available
under sections 611 and 619 of the
Act to pay for the services of an
employee of a private school to
provide services under 300.130
through 300.144 if
(1) The employee performs the
services outside of his or her regular
hours of duty; and
(2) The employee performs the
services under public supervision
and control.
Separate classes prohibited.
300.143
An LEA may not use funds available
under section 611 or 619 of the Act
for classes that are organized
separately on the basis of school
enrollment or religion of the children
if
(a) The classes are at the same site;
and
(b) The classes include children
enrolled in public schools and
children enrolled in private schools.
Evidence of
Compliance
300.142(a)
The public agency made public
school personnel available only:
1. To the extent necessary to
provide services for
disabilities.
2. If those services are not
normally provided by the
private school.
300.142(b)
A public agency used funds to
pay for the services of an
employee of a private school to
provide services only when:
1. The employee performed the
services outside of his or her
regular hours of duty.
2. The employee performed the
services under public
supervision and control.
300.143
A public agency did not use funds
for classes that are organized
separately on the basis of school
enrollment or religion of the
children if:
1. The classes are at the same
site.
2. The classes include children
enrolled in public schools and
children enrolled in private
Citation
Standard
Evidence of
Compliance
schools.
Property, equipment, and
supplies.
300.144
(a) A public agency must control
and administer the funds used to
provide special education and
related services under
300.137 through 300.139, and
hold title to and administer
materials, equipment, and property
purchased with those funds for the
uses and purposes provided in the
Act.
(b) The public agency may place
equipment and supplies in a private
school for the period of time needed
for the Part B program.
(c) The public agency must ensure
that the equipment and supplies
placed in a private school
(1) Are used only for Part B
purposes; and
(2) Can be removed from the
private school without remodeling
the private school facility.
(d) The public agency must remove
equipment and supplies from a
private school if
(1) The equipment and supplies are
no longer needed for Part B
purposes; or
(2) Removal is necessary to avoid
unauthorized use of the equipment
and supplies for other than Part B
purposes.
(e) No funds under Part B of the Act
may be used for repairs, minor
remodeling, or construction of
private school facilities.
300.144(a)
The public agency controlled and
administered the funds to:
1. Provide special education and
related services.
2. Hold the title to and
administered materials,
equipment, and property
purchased with those funds
for the uses and purposes
provided in the Act.
300.144(b),(c)
1. The public agency placed
equipment and supplies in a
private school only for the
period of time needed for the
Part B program.
2. Equipment and supplies can
be removed from the private
school without remodeling the
private school facility.
300.144(d)
The public agency removed
equipment and supplies from a
private school if:
1. The equipment and supplies
were no longer needed for
Part B purposes; or
2. Removal was necessary to
avoid unauthorized use of the
equipment and supplies for
purposes other than Part B.
300.144(e)
No funds under Part B of the Act
were used for repairs,
remodeling, or construction of
private school facilities.

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Students in Private Schools Placed or Referred by Public Agencies: Page X-1
Citation
X.
Standard
Evidence of
Compliance
Students in Private Schools Placed or Referred by Public Agencies
Responsibility of SEA.
300.146
Each SEA must ensure that a child
with a disability who is placed in or
referred to a private school or
facility by a public agency
(a) Is provided special education
and related services
(1) In conformance with an IEP that
meets the requirements of
300.320 through 300.325; and
(2) At no cost to the parents;
(b) Is provided an education that
meets the standards that apply to
education provided by the SEA and
LEAs including the requirements of
this part, except for 300.18 and
300.156(c); and
(c) Has all of the rights of a child
with a disability who is served by a
public agency.
Placement of children by parents

when FAPE is at issue.
300.148
(a) General. This part does not
require an LEA to pay for the cost of
education, including special
education and related services, of a
child with a disability at a private
school or facility if that agency
made FAPE available to the child
and the parents elected to place the
child in a private school or facility.
However, the public agency must
include that child in the population
whose needs are addressed
consistent with 300.131 through
300.144.
(b) Disagreements about FAPE.
Disagreements between the parents
and a public agency regarding the
availability of a program appropriate
for the child, and the question of
financial reimbursement, are subject
to the due process procedures in
300.504 through 300.520.
300.146
1. All programs and services for
a student with a disability
who is placed in or referred to
a private school or facility by
a public agency:
a. Are provided completely
and in a timely manner.
b. Are in accordance with
the students IEP.
c. Are at no cost to the
parent.
d. Meets the standards that
apply to education
provided by the SEA and
LEA.
e. Meets the requirements
of IDEA, except 300.18
and 300.156(c).
2. The student has all of the
rights of a student with a
disability who is served by a
public agency.
300.148(a)
If the agency made FAPE
available to the student and the
parents elected to place the child
in a private school or facility, the
public agency included that
student in the population whose
needs are addressed consistent
with 300.131 through
300.144.
300.148(e)
The cost of reimbursement is not
reduced or denied for failure to
provide notice if:
1. The school prevented the
parents from providing the
notice.
2. The parents had not received
the notice pursuant to
300.504 of the notice
requirement in (d)(1) of this
Citation
Standard
(c) Reimbursement for private

school placement. If the parents of
a child with a disability, who
previously received special
under the authority of a public
agency, enroll the child in a private
preschool, elementary school, or
secondary school without the
consent of or referral by the public
agency, a court or a hearing officer
may require the agency to
reimburse the parents for the cost
of that enrollment if the court or
hearing officer finds that the agency
had not made FAPE available to the
child in a timely manner prior to
that enrollment and that the private
placement is appropriate. A parental
placement may be found to be
appropriate by a hearing officer or a
court even if it does not meet the
State standards that apply to
education provided by the SEA and
LEAs.
(d) Limitation on reimbursement.
The cost of reimbursement
described in paragraph (c) of this
section may be reduced or denied
(1) If(i) At the most recent IEP
Team meeting that the parents
attended prior to removal of the
child from the public school, the
parents did not inform the IEP Team
that they were rejecting
the placement proposed by the
public agency to provide FAPE to
their child, including stating their
concerns and their intent to enroll
their child in a private school at
public expense; or
(ii) At least ten (10) business days
(including any holidays that occur
on a business day) prior to the
removal of the child from the public
school, the parents did not give
written notice to the public agency
of the information described in
paragraph (d)(1)(i) of this section;
(2) If, prior to the parents removal
of the child from the public school,
the public agency informed the
parents, through the notice
section or compliance with

paragraph (d)(1) of this
section would likely result in
physical harm to the student.
3. At the discretion of the court
or a hearing officer, not be
reduced or denied for failure
to provide this notice if:
a. The parents are not
literate or cannot write in
English; or
b. Compliance with
paragraph (d)(1) of this
section would likely result
in serious emotional harm
to the student.
Evidence of
Compliance

Citation
Standard
Evidence of
Compliance
requirements described in
300.503(a)(1), of its intent to
evaluate the child (including a
statement of the purpose of the
evaluation that was appropriate and
reasonable), but the parents did not
make the child available for the
evaluation; or
(3) Upon a judicial finding of
unreasonableness with respect to
actions taken by the parents.
(e) Exception. Notwithstanding the
notice requirement in paragraph
(d)(1) of this section, the cost of
reimbursement
(1) Must not be reduced or denied
for failure to provide the notice if
(i) The school prevented the parents
from providing the notice;
(ii) The parents had not received
notice, pursuant to 300.504, of
the notice requirement in paragraph
(d)(1) of this section; or
(iii) Compliance with paragraph
(d)(1) of this section would likely
result in physical harm to the child;
and
(2) May, in the discretion of the
court or a hearing officer, not be
reduced or denied for failure to
provide this notice if
(i) The parents are not literate or
cannot write in English; or
(ii) Compliance with paragraph
(d)(1) of this section would likely
result in serious emotional harm to
the child.
Private school placements by
public agencies.
300.325
(a) Developing IEPs. (1) Before a
public agency places a child with a
disability in, or refers a child to, a
private school or facility, the agency
must initiate and conduct a meeting
to develop an IEP for the child in
accordance with 300.320 and
300.324.
(2) The agency must ensure that a
representative of the private school
or facility attends the meeting. If
the representative cannot attend,
300.325(a)
The public agency must:
1. Initiate and conduct a
meeting to develop an IEP for
the student before a public
agency places a student with
a disability in, or refers a
student to, a private school or
facility.
2. Ensure that a representative
of the private school or
facility attends or participates
Citation
the agency must use other methods
to ensure participation by the
private school or facility, including
individual or conference telephone
calls.
(b) Reviewing and revising IEPs. (1)
After a child with a disability enters
a private school or facility, any
meetings to review and revise the
childs IEP may be initiated and
conducted by the private school or
facility at the discretion of the public
agency.
(2) If the private school or facility
initiates and conducts these
meetings, the public agency must
ensure that the parents and an
agency representative
(i) Are involved in any decision
about the childs IEP; and
(ii) Agree to any proposed changes
in the IEP before those changes are
implemented.
(c) Responsibility. Even if a private
school or facility implements a
childs IEP, responsibility for
compliance with this part remains
with the public agency and the SEA.
Standard
Evidence of
Compliance
in the meeting.
300.325(b)(1)
At the discretion of the public
agency, for each student with a
disability who attends a private
school or facility, any meeting to
review and revise the students
IEP may be initiated and
conducted by the private school
or facility.
300.325(b)(2)
If the private school or facility
initiates and conducts the IEP
meetings, the public agency
ensures that the parents and an
agency representative:
1. Are involved in any decision
about the childs IEP.
2. Agree to any proposed
changes in the IEP before
those changes are
implemented.

Notice and Consent: Page XI-1
Citation
Standard
Evidence of
Compliance
XI. Notice and Consent

Consent.
300.9
Consent means that
(a) The parent has been fully
informed of all information relevant
to the activity for which consent is
sought, in his or her native
language, or other mode of
communication;
(b) The parent understands and
agrees in writing to the carrying out
of the activity for which his or her
consent is sought, and the consent
describes that activity and lists the
records (if any) that will be released
and to whom; and
(c)(1) The parent understands that
the granting of consent is voluntary
on the part of the parent and may
be revoked at any time.
(2) If a parent revokes consent, that
revocation is not retroactive (i.e., it
does not negate an action that has
occurred after the consent was
given and before the consent was
revoked).
(3) If the parent revokes consent in
writing for their childs receipt of
special education services after the
child is initially provided special
education and related services, the
public agency is not required to
amend the childs education records
to remove any references to the
childs receipt of special education
and related services because of the
revocation of consent.
Parental consent.
300.300
(a) Parental consent for initial
evaluation. (1)(i) The public agency
proposing to conduct an initial
evaluation to determine if a child
qualifies as a child with a disability
under 300.8 must, after providing
notice consistent with 300.503
and 300.504, obtain informed
consent, consistent with 300.9,
from the parent of the child before
300.9(a),(b)
1. Consent includes the
following:
a. The activity for which
consent is being sought.
b. A list of the records (if
any) that will be released
and to whom.
c. The signature of the
parent.
d. An indication that consent
is voluntary and may be
revoked at any time.
2. Consent is written in the
parents native language or
other mode of communication.
300.9(c)(2)
If the parent revoked consent,
written revocation of consent is in
writing and the public agency
ceased activities to which consent
was granted within a reasonable
time.
300.300(a)(1)(i)
Parental consent for an initial
evaluation is dated:
1. On or after date of notice.
2. Prior to an evaluation for
initial eligibility.
300.300(a)(1)(ii)
Parental consent for initial
provision of services is separate

Citation
conducting the evaluation.
(ii) Parental consent for initial
evaluation must not be construed as
consent for initial provision of
services.
(iii) The public agency must make
reasonable efforts to obtain the
informed consent from the parent
for an initial evaluation to determine
whether the child is a child with a
disability.
(2) For initial evaluations only, if the
child is a ward of the State and is
not residing with the childs parent,
the public agency is not required to
obtain informed consent from the
parent for an initial evaluation to
determine whether the child is a
child with a disability if
(i) Despite reasonable efforts to do
so, the public agency cannot
discover the whereabouts of the
parent of the child;
(ii) The rights of the parents of the
child have been terminated in
accordance with State law; or
(iii) The rights of the parent to make
educational decisions have been
subrogated by a judge in
accordance with State law and
consent for an initial evaluation has
been given by an individual
appointed by the judge to represent
the child.
(3)(i) If the parent of a child
enrolled in public school or seeking
to be enrolled in public school does
not provide consent for initial
evaluation under paragraph (a)(1)
of this section, or the parent fails to
respond to a request to provide
consent, the public agency may, but
is not required to, pursue the initial
evaluation of the child by utilizing
the procedural safeguards in
subpart E of this part (including the
mediation procedures under
300.506 or the due process
procedures under 300.507
through 300.516), if appropriate,
except to the extent inconsistent
with State law relating to such
Standard
Evidence of
Compliance
from the consent for initial

evaluation.
300.300(a)(1)(iii)
If consent to evaluate is not
granted, the reasonable efforts to
obtain parental consent are
documented.
300.300(a)(2)
1. Termination of parental rights
is documented, if appropriate.
2. If the authority to represent
the child was given to a nonparent, there is
documentation.
300.300(b)(1)
Consent signed by the parent is
obtained before the initial
provision of special education
programs and related services to
the student.
300.300(b)(2)
The public agency made
reasonable efforts to obtain
for the initial provision of special
300.300(b)(3)
If the parent fails to respond to a
request for, or refuses to consent
to, the initial provision of special
education programs and related
services, the public agency:
1. Did not use the mediation or
due process procedures to
obtain agreement.
2. Did not make FAPE available
to the student.
3. Did not convene an IEP team
meeting or develop an IEP.
300.300(b)(4)
If a parent revokes consent in
writing subsequent to the initial
provision of special education and
related services, the public
agency:
1. Did not continue to provide
Citation
Standard
parental consent.
(ii) The public agency does not
violate its obligation under
300.111 and 300.301 through
300.311 if it declines to pursue the
evaluation.
(b) Parental consent for services.
(1) A public agency that is
responsible for making FAPE
available to a child with a disability
must obtain informed consent from
the parent of the child before the
initial provision of special education
and related services to the child.
(2) The public agency must make
for the initial provision of special
the child.
(3) If the parent of a child fails to
respond to a request for, or refuses
to consent to, the initial provision of
services, the public agency
(i) May not use the procedures in
through 300.516) in order to obtain
agreement or a ruling that the
services may be provided to the
child;
(ii) Will not be considered to be in
violation of the requirement to make
FAPE available to the child because
of the failure to provide the child
with the special education and
related services for which the parent
refuses to or fails to provide
consent; and
(iii) Is not required to convene an
IEP Team meeting or develop an IEP
under 300.320 and 300.324 for
the child.
(4) If, at any time subsequent to
the initial provision of special
education and related services, the
parent of a child revokes consent in
writing for the continued provision
of special education and related
services, the public agency
services to the student.

2. Provided prior written notice
before ceasing the provision
of special education and
related services.
3. Did not use mediation or due
process procedures in order
to obtain agreement.
4. Is not in violation of the
requirement to make FAPE
available to the student.
5. Is not required to convene an
IEP team meeting or develop
an IEP.
Evidence of
Compliance
300.300(c)(1)
1. Prior to any reevaluation, the
public agency obtained
informed parental consent.
2. If the parent refused to
consent, the public agency
may pursue the consent
override procedures.
300.300(c)(2)
If informed parental consent was
not obtained, the public agency
documented:
1. Reasonable efforts to obtain
parental consent.
2. The parents failure to
respond.
300.300(d)(3)
The public agency did not use a
parents refusal to consent to an
initial evaluation, reevaluation, or
provision of services to deny the
parent or student any other
service, benefit, or activity.
300.300(d)(4)
If a parent of a student who is
home schooled or placed in a
private school by the parents at
their own expense does not
provide consent for the initial
evaluation or reevaluation, or the
parent fails to respond to a
request for consent, the public
agency did not use the consent
override procedures.

Citation
Standard
(i) May not continue to provide

services to the child, but must
provide prior written notice in
accordance with 300.503 before
ceasing the provision of special
education and related services;
(ii) May not use the procedures in
through 300.516) in order to obtain
agreement or a ruling that the
services may be provided to the
child;
(iii) Will not be considered to be in
violation of the requirement to make
FAPE available to the child because
of the failure to provide the child
with further special education and
related services; and
(iv) Is not required to convene an
IEP Team meeting or develop an IEP
under 300.320 and 300.324 for
the child for further provision of
services.
(c) Parental consent for
reevaluations.
(1) Subject to paragraph (c)(2) of
this section, each public agency
(i) Must obtain informed parental
consent, in accordance with
300.300(a)(1), prior to conducting
any reevaluation of a child with a
disability.
(ii) If the parent refuses to consent
to the reevaluation, the public
agency may, but is not required to,
pursue the reevaluation by using the
consent override procedures
described in paragraph (a)(3) of this
section.
(iii) The public agency does not
violate its obligation under
300.111 and 300.301 through
300.311 if it declines to pursue the
evaluation or reevaluation.
(2) The informed parental consent
described in paragraph (c)(1) of this
section need not be obtained if the
public agency can demonstrate
300.300(d)(5)
The public agency documented its
parental consent.
Evidence of
Compliance

Citation
Standard
Evidence of
Compliance
that
(i) It made reasonable efforts to
obtain such consent; and
(ii) The childs parent has failed to
respond.
(d) Other consent requirements.
(1) Parental consent is not required
before
(i) Reviewing existing data as part
of an evaluation or a reevaluation;
or
(ii) Administering a test or other
evaluation that is administered to all
children unless, before
administration of that test or
evaluation, consent is required of
parents of all children.
(2) In addition to the parental
consent requirements described in
paragraphs (a), (b), and (c) of this
section, a State may require
parental consent for other services
and activities under this part if it
ensures that each public agency in
the State establishes and
implements effective procedures to
ensure that a parents refusal to
consent does not result in a failure
to provide the child with FAPE.
(3) A public agency may not use a
parents refusal to consent to one
service or activity under paragraphs
(a), (b), (c), or (d)(2) of this section
to deny the parent or child any
other service, benefit, or activity of
the public agency, except as
required by this part.
(4)(i) If a parent of a child who is
home schooled or placed in a
private school by the parents at
their own expense does not provide
consent for the initial evaluation or
the reevaluation, or the parent fails
to respond to a request to provide
consent, the public agency may not
use the consent override procedures
(described in paragraphs (a)(3) and
(c)(1) of this section); and
(ii) The public agency is not required
to consider the child as eligible for
services under 300.132 through
300.144.
(5) To meet the reasonable efforts
Citation
Standard
Evidence of
Compliance
requirement in paragraphs
(a)(1)(iii), (a)(2)(i), (b)(2), and
(c)(2)(i) of this section, the public
agency must document its attempts
to obtain parental consent using the
procedures in 300.322(d).
Prior notice by the public
agency; content of notice.
300.503
(a) Notice. Written notice that
meets the requirements of
paragraph (b) of this section must
be given to the parents of a child
with a disability a reasonable time
before the public agency
(1) Proposes to initiate or change
the identification, evaluation, or
educational placement of the child
or the provision of FAPE to the child;
or
(2) Refuses to initiate or change the
identification, evaluation, or
educational placement of the child
or the provision of FAPE to the child.
(b) Content of notice. The notice
required under paragraph (a) of this
section must include
(1) A description of the action
proposed or refused by the agency;
(2) An explanation of why the
agency proposes or refuses to take
the action;
(3) A description of each evaluation
procedure, assessment, record, or
report the agency used as a basis
for the proposed or refused action;
(4) A statement that the parents of
a child with a disability have
protection under the procedural
safeguards of this part and, if this
notice is not an initial referral for
evaluation, the means by which a
copy of a description of the
procedural safeguards can be
obtained;
(5) Sources for parents to contact to
obtain assistance in understanding
the provisions of this part;
(6) A description of other options
that the IEP Team considered and
the reasons why those options were
rejected; and
300.503(a)
Written notice was given to the
parent within a reasonable time
by the public agency when the
public agency either:
1. Proposed to initiate or change
the identification, evaluation,
or educational placement of
the child or the provision of
FAPE to the child; or
2. Refused to initiate or change
the identification, evaluation,
or educational placement of
the child or the provision of
FAPE to the child.
300.503(b)
Written notice contains the
following:
1. Description of the action
proposed or refused by the
agency.
2. Explanation of why the
agency proposes or refuses to
take the action.
3. Description of each evaluation
procedure, assessment,
record, or report the agency
used as a basis for the
proposed or refused action.
4. Statement that the parent of
a student with a disability has
protection under the
procedural safeguards.
5. Sources for parents to
contact to obtain assistance
in understanding the
provisions of this part.
6. Description of other options
that the IEP team considered
and the reasons why those
options were rejected.
7. Description of other factors
Citation
(7) A description of other factors
that are relevant to the agencys
proposal or refusal.
(c) Notice in understandable
language.
(1) The notice required under
be
(i) Written in language
understandable to the general
public; and
(ii) Provided in the native language
of the parent or other mode of
communication used by the parent,
unless it is clearly not feasible to do
so.
(2) If the native language or other
mode of communication of the
parent is not a written language, the
public agency must take steps to
ensure
(i) That the notice is translated
orally or by other means to the
parent in his or her native language
or other mode of communication;
(ii) That the parent understands the
content of the notice; and
(iii) That there is written evidence
that the requirements in paragraphs
(c)(2)(i) and (ii) of this section have
been met.
Consent.
300.622
(a) Parental consent must be
obtained before personally
identifiable information is disclosed
to parties, other than officials of
participating agencies in accordance
with paragraph (b)(1) of this
section, unless the information is
contained in education records, and
the disclosure is authorized without
parental consent under 34 CFR part
99.
(b)(1) Except as provided in
paragraphs (b)(2) and (b)(3) of this
section, parental consent is not
required before personally
identifiable information is released
to officials of participating agencies
for purposes of meeting a
requirement of this part.
Standard
Evidence of
Compliance
that are relevant to the

agencys proposal or refusal.
300.503(c)
Notice is:
1. Written in understandable
language.
2. Provided in the native
language or other mode of
communication of the parent.
3. If the native language or
other mode of communication
of the parent is not a written
language, the public agency
ensured:
a. That the notice was
translated orally or by
other means to the
parent in his or her native
language or other mode
of communication.
b. That the parent
understood the content of
the notice.
300.622(a)
Parental consent was obtained
before personally identifiable
information was disclosed to
outside parties or agencies.
300.622(b)(2)
Parental consent was obtained
before personally identifiable
information was released to
participating agencies providing
or paying for transition services.
300.622(b)(3)
If a student was enrolled, or is
going to enroll in a private school
that is not located in the LEA of
the parents residence, parental
consent was obtained before any
Citation
Standard
(2) Parental consent, or the consent

of an eligible child who has reached
the age of majority under State law,
must be obtained before personally
identifiable information is released
to officials of participating agencies
providing or paying for transition
services in accordance with
300.321(b)(3).
(3) If a child is enrolled, or is going
to enroll in a private school that is
not located in the LEA of the
parents residence, parental consent
must be obtained before any
about the child is released between
officials in the LEA where the private
school is located and officials in the
LEA of the parents residence.

was released between officials in
the LEA where the private school
is located and officials in the LEA
of the parents residence.
Evidence of
Compliance

Procedural Safeguards Notice: Page XII-1
Citation
Standard
Evidence of
Compliance
XII. Procedural Safeguards Notice

Procedural safeguards notice.
300.504
(a) General. A copy of the
procedural safeguards available to
the parents of a child with a
disability must be given to the
parents only one time a school year,
except that a copy also must be
given to the parents
(1) Upon initial referral or parent
request for evaluation;
(2) Upon receipt of the first State
complaint under 300.151
through 300.153 and upon receipt
of the first due process complaint
under 300.507 in a school year;
(3) In accordance with the discipline
procedures in 300.530(h); and
(4) Upon request by a parent.
(b) Internet Web site. A public
agency may place a current copy of
the procedural safeguards notice on
its Internet Web site if a Web site
exists.
(c) Contents. The procedural
safeguards notice must include a full
explanation of all of the procedural
safeguards available under
300.148, 300.151 through
300.153, 300.300, 300.502
through 300.503, 300.505
through 300.518, 300.520,
300.530 through 300.536 and
300.610 through 300.625
relating to
(1) Independent educational
evaluations;
(2) Prior written notice;
(3) Parental consent;
(4) Access to education records;
(5) Opportunity to present and
resolve complaints through the due
process complaint and State
complaint procedures, including
(i) The time period in which to file a
complaint;
(ii) The opportunity for the agency
to resolve the complaint; and
(iii) The difference between the due
process complaint and the State
complaint procedures, including the
300.504(a)
Procedural safeguards were
provided to the parents of
students with disabilities at least
once per school year and in each
of these circumstances:
1. Upon initial referral.
2. Upon parent request for
evaluation.
3. Upon receipt of the first state
or due process complaint in a
school year.
4. On the date on which the
decision was made to make a
removal that constituted a
change of placement because
of a violation of a code of
student conduct.
5. Upon request of a parent.
300.504(c)
1. Procedural Safeguards
included a full explanation of
all the procedural safeguards
available relating to:
a. Independent Educational
Evaluations.
b. Prior Written Notice.
c. Parental Consent.
d. Access to education
records.
e. Opportunity to present
and resolve state and due
process complaints,
including:
Time period in which

to file a complaint.
Opportunity for the

agency to resolve the
complaint.
Difference between
the due process
complaint and the
state complaint
procedures.
2. The availability of mediation.
3. The students placement
during the pendency of any
due process complaint.
Procedural Safeguards Notice: Page XII-2
Citation
Standard
jurisdiction of each procedure, what

issues may be raised, filing and
decisional timelines, and relevant
procedures;
(6) The availability of mediation;
(7) The childs placement during the
pendency of any due process
complaint;
(8) Procedures for students who are
subject to placement in an interim
alternative educational setting;
(9) Requirements for unilateral
placement by parents of children in
private schools at public expense;
(10) Hearings on due process
complaints, including requirements
for disclosure of evaluation results
and recommendations;
(11) State-level appeals (if
applicable in the State);
(12) Civil actions, including the time
period in which to file those actions;
and
(13) Attorneys fees.
(d) Notice in understandable
language. The notice required under
meet the requirements of
300.503(c).
4. Procedures for students who

are subject to placement in
an interim alternative
educational setting.
5. Requirements for unilateral
placement by parents of
children in private schools at
public expense.
6. Hearings on due process
complaints, including
requirements for disclosure of
evaluation results and
recommendations.
7. Civil actions, including the
time period in which to file
those actions.
8. Attorneys fees.
Evidence of
Compliance
300.503(c)
Procedural safeguard notice was:
1. Written in understandable
language.
2. Provided in the native
language or other mode of
communication of the parent.
3. If the native language or
other mode of communication
of the parent is not a written
language, the public agency
ensured:
a. That the notice was
translated orally or by
other means to the
parent in his or her native
language or other mode
of communication.
b. That the parent
understood the content of
the notice.


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Compliance Standards For Special Education 394883 7

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Compliance Standards for

State Board of Education

STATEMENT OF COMPLIANCE WITH FEDERAL LAW

Compliance Standards for Special Education, October 2013

Compliance Standards for Special Education, October 2013

Evaluation .............................................................................................................. I-1

Physical education ................................................................................................. IV-1

Records on more than one child.............................................................................. VII-3

Compliance Standards for Special Education, October 2013

Evaluation: Page I-1

Compliance Standards for Special Education, October 2013

Evaluation: Page I-2

(1) Children who are suspected of

See state established time lines

Compliance Standards for Special Education, October 2013

Evaluation: Page I-3

Evaluation: Page I-4

agreed that a reevaluation was

Evaluation: Page I-5

provide an assessment in the

Evaluation: Page I-6

and related service needs.

Evaluation: Page I-7

child, whether the child continues to

Evaluation: Page I-8

school diploma, or reached the

Evaluation: Page I-9

who is not employed by the public

Evaluation: Page I-10

of the evaluation was at public

Compliance Standards for Special Education, October 2013

Evaluation: Page I-11

Compliance Standards for Special Education, October 2013

Evaluation: Page I-12

Evaluation: Page I-13

independent educational evaluation

Compliance Standards for Special Education, October 2013

Evaluation: Page I-14

This page has been

Compliance Standards for Special Education, October 2013

Evaluation: Page II-1

Evaluation: Page II-2

from all of these sources is

services, an IEP was developed in

Specific learning disabilities.

Evaluation: Page II-3

regular teacher, a regular classroom

Determining the existence of a

Evaluation: Page II-4

Compliance Standards for Special Education, October 2013

Evaluation: Page II-5

childs parents and a group of

Specific documentation for the

Evaluation: Page II-6

Evaluation: Page II-7

the amount and nature of student

Student with a disability

Evaluation: Page II-8

Evaluation: Page II-9

learning experiences without special

from general education

Evaluation: Page II-10